Whitson v. Commissioner
United States Tax Court
Where petitioners on the cash basis sought to include in their 1940 income fees which were credited to them on the books of a corporation controlled by petitioners, but which were not paid until the following year, and it appeared that the amount of the fees exceeded the corporation's net earnings and cash balance for 1940, held, on the facts, the doctrine of constructive receipt does not apply, and the fees are income to petitioners for the year in which actually received.
1Opinion of the Court
Pearl Whitson v. Commissioner. L. R. Whitson v. Commissioner. Allene Roberts v. Commissioner. T. P. Roberts v. Commissioner.
Whitson v. Commissioner
Docket Nos. 2717, 2718, 2719, 2720.
United States Tax Court
1944 Tax Ct. Memo LEXIS 170; 3 T.C.M. (CCH) 746; T.C.M. (RIA) 44240;
July 24, 1944
Where petitioners on the cash basis sought to include in their 1940 income fees which were credited to them on the books of a corporation controlled by petitioners, but which were not paid until the following year, and it appeared that the amount of the fees exceeded the corporation's net earnings and cash…
2Cases cited6 opinions
- Brander v. CommissionerUnited States Board of Tax Appeals · 1925
- Chipley v. CommissionerUnited States Board of Tax Appeals · 1932
- Jacobs v. CommissionerUnited States Board of Tax Appeals · 1931
- Hines v. CommissionerUnited States Board of Tax Appeals · 1938
- Pletz v. CommissionerUnited States Board of Tax Appeals · 1940
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hurtz v. United StatesUnited States Court of Claims · 1963