- 7 - suggests otherwise. Secs. 61, 451(a); Commissioner v. Glenshaw Glass Co., 348 U.S. 426 (1955); Roco v. Commissioner, 121 T.C. 160, 164-165 (2003) (payment made by the U.S. Government to the taxpayer in a qui tam action is a reward and, as such, is includable in gross income); sec. 1.61-2(a)(1), Income Tax Regs. According to petitioner, however, the reward is not includable in her 1999 income because she did not “constructively receive” the reward during that year. In support of her position, petitioner argues that because the distribution of the proceeds of the reward was subject to an order of the bankruptcy court during 1999, she could not exercise the necessary dominion and control over the reward to render it includable in her income for that year. See sec. 1.451-2(a), Income Tax Regs.4 At the outset we should note that, as a general explanation of the topic, we agree with petitioner’s discussion of the doctrine of constructive receipt contained in her briefs. We 4 The term “constructive receipt” is defined in sec. 1.451- 2(a), Income Tax Regs., as follows: (a) General rule. Income although not actually reduced to a taxpayer’s possession is constructively received by him in the taxable year during which it is credited to his account, set apart for him, or otherwise made available so that he may draw upon it at any time, or so that he could have drawn upon it during the taxable year if notice of intention to withdraw had been given. However, income is not constructively received if the taxpayer’s control of its receipt is subject to substantial limitations or restrictions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007