- 12 - separate bank accounts. The bank accounts and interest income were: Harris Bank ARGO $1,201.00 Heritage Community Bank 1,086.00 Citibank F.S.B. 30.00 At trial, petitioner’s attorney during the marital dissolution proceedings credibly testified that an escrow account was opened that contained funds from both petitioner and Mr. Nahhas. Ownership of the funds in the escrow account was transferred to petitioner in 2003 under the December 15, 2003, judgment for final dissolution. Petitioner confirmed that the escrow account was located at the Harris Community Bank. Petitioner, however, did not address the ownership of either the Heritage or Citibank bank accounts in 2002. It is a general rule of taxation that income is not constructively received if a taxpayer’s control of its receipt is subject to substantial limitations or restrictions. See sec. 1.451-2(a), Income Tax Regs. Moreover, it is well established that “gross income” generally refers to assets over which the taxpayer can exercise “dominion and control.” Ianniello v. Commissioner, 98 T.C. 165, 173 (1992). Thus, when amounts are deposited in an escrow account beyond that taxpayer’s reach, they generally are not includable in his gross income. See, e.g., Reed v. Commissioner, 723 F.2d 138 (1st Cir. 1983) (no receiptPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011