Sara J. Burns - Page 7




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          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.                               






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