Sara J. Burns - Page 9




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          principle that a taxpayer does not escape taxation on what is               
          otherwise the taxpayer’s income merely because the income was               
          paid directly to the taxpayer’s creditor.  Helvering v. Horst,              
          311 U.S. 112 (1940); Parkford v. Commissioner, 133 F.2d 249, 251            
          (9th Cir. 1943).7                                                           
               Furthermore, we think it appropriate to note that, contrary            
          to petitioner’s arguments, the above-described bankruptcy                   
          proceedings are, for the most part, irrelevant.  The bankruptcy             
          court did not focus on the nature of the reward as an item of               
          income but rather as an asset available as a source of payment to           
          petitioner’s creditors.  See Parkford v. Commissioner, supra at             
          251.                                                                        
               Similarly, petitioner’s reliance on Cold Metal Process Co.             
          v. Commissioner, 17 T.C. 916 (1951), affd. per order 53-1 USTC              
          par. 9135 (6th Cir. 1952), Barnette v. Commissioner, T.C. Memo.             
          1992-371, affd. without published opinion 41 F.3d 667 (11th Cir.            
          1994), Stone v. Commissioner, T.C. Memo. 1984-187, Collins v.               
          Commissioner, T.C. Memo. 1972-170, and Hannaford v. Commissioner,           




               7 Curiously, and if only by implication, petitioner                    
          recognizes this principle as she argues in the alternative that             
          to the extent that the reward is includable in her income, it               
          should be includable in her 1998 income because that was the year           
          Proulx’s lien arose.  A creditor’s collection rights against a              
          taxpayer’s property, however, say little about when a cash basis            
          taxpayer realizes income.                                                   






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