Kunze v. Commissioner
United States Tax Court
Dividend declared and made payable in 1946 by a corporation of which petitioner and another were stockholders but, at petitioner's request, discriminatorily withheld from his possession until the following year, held constructively received by him in the prior year. Avery v. Commissioner, 292 U.S. 210, distinguished.
1Opinion of the Court
OPINION.
Opper, Judge:
Ross v. Commissioner (C. A. 1), 169 F. 2d 483, which has come to be a leading authority in the presently relevant field of constructive receipt (see, e. g., Hyland v. Commissioner (C. A. 2), 175 F. 2d 422) declares:
The doctrine of constructive receipt was, no doubt, conceived by the Treasury in order to prevent a taxpayer from choosing the year in which to return income merely by choosing the year in which to reduce it to possession. Thereby the Treasury may subject income to taxation when the only thing preventing its reduction to possession is the volition of the…
2Cases cited7 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Avery v. CommissionerSupreme Court of the United States · 1934
- Ross v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1948
- Godley v. . Crandall Godley Co.New York Court of Appeals · 1914
- Hyland v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1949
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Commissioner of Internal Revenue v. Maurice FoxCourt of Appeals for the Third Circuit · 1954
- United States v. UngerDistrict Court, D. New Jersey · 1958
- Kunze v. CommissionerUnited States Tax Court · 1952