Amend v. Commissioner
United States Tax Court
Petitioner J. D. Amend is a wheat farmer and his custom since 1942 has been to sell his wheat in the year when produced, for delivery and payment in January of the following year. He followed this practice in the years 1944 and 1946 and received payment for his 1944 wheat in January 1945 and payment for his 1946 wheat in January 1947. Petitioners were on the cash basis and returned the amounts received for taxation in the year when received.
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Petitioner J. D. Amend is a wheat farmer and his custom since 1942 has been to sell his wheat in the year when produced, for delivery and payment in January of the following year. He followed this practice in the years 1944 and 1946 and received payment for his 1944 wheat in January 1945 and payment for his 1946 wheat in January 1947. Petitioners were on the cash basis and returned the amounts received for taxation in the year when received. The Commissioner has applied the doctrine of constructive receipt on the ground that petitioner could have sold his wheat for cash to the same buyers in…
1Opinion of the Court
OPINION.
Black, Judge:
We have two taxable years before us for decision, 1944 and 1946. The year 1945 is not before us because the Commissioner has determined an overassessment as to each petitioner for that year.
In each of the taxable years there is one common issue and that is whether the doctrine of constructive receipt should be applied to certain payments which petitioner received from the sale of his wheat. There is no controversy as to the amounts which petitioner received or as to the time when he actually received them. Petitioners, being on the cash basis, returned these amounts as…
2Cases cited1 opinion
- Veit v. CommissionerUnited States Tax Court · 1947
3Cited by35 opinions
- Woodbury v. CommissionerUnited States Tax Court · 1967
- Sproull v. CommissionerUnited States Tax Court · 1951
- John E. Reed v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1983
- Schniers v. CommissionerUnited States Tax Court · 1977
- Martin v. CommissionerUnited States Tax Court · 1991
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