Commissioner of Internal Revenue v. Bingham

HICKS, Circuit Judge.

Petition to review an order of the Board of Tax Appeals. The taxpayer, Robert W. Bingham, was, in December, 1922, a minority stockholder in certain corporations all of which declared dividends in that year payable either on December 30 or December 31, 1922. On those dates the several corporations issued dividend cheeks payable to the taxpayer and forwarded them to him by mail. They were received in due course on January 2, 1923, and the aggregate amount thereof, to wit, $62,324.01, was reported by the taxpayer in his income tax return for 1923. The Commissioner held that…