- 48 - For the taxable years in issue, ISOA, Inc., was an S corporation that prepared its tax returns on the cash basis method of accounting. On its 1995 return, ISOA, Inc., treated $195,000 of licensing fees received during the taxable year as “Unearned Income (Escrow)”. Petitioners claimed that ISOA, Inc., did not include the $195,000 of licensing fees it received in taxable income due to the fact that the royalties the corporation owed would not ultimately be paid until a final agreement was reached with the University. Therefore, petitioners argued, the full amount of the licensing fees which ISOA, Inc., would retain could not be determined at the time of receipt. Once again, respondent’s position on this issue calls into play fundamental principles of Federal income taxation. As a general rule, a cash basis taxpayer recognizes income in the year of receipt. Sec. 451(a); sec. 1.451-1(a), Income Tax Regs. Exceptions to this general rule exist for amounts properly characterized as deposits or amounts held in trust that might have to be returned. See, e.g., Commissioner v. Indianapolis Power & Light Co., 493 U.S. 203, 207-208 (1990); Johnson v. Commissioner, 108 T.C. 448, 467-475 (1997), affd. in part, revd. in part and remanded on another ground 184 F.3d 786 (8th Cir. 1999). Unless received under a claim of right, “a taxpayer need not treat as income moneys * * * which were not his to keep, and which he was required to transmit to someone else as a merePage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 NextLast modified: November 10, 2007