Gerard and Audrey Kathleen Hennessey - Page 48




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               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 mere                 







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