Dick Adams <rdadams[at]smart.net) wrote:

- quote -

Nor does common sense most of the time.

Stu

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >

The problem with constructive receipt is that it was never
intended to benefit the taxpayer. In the event of prizes,
bonuses, et al., the taxpayer is in a position to claim that
constructive receipt occurred in a tax year that is now
closed. See Commissioner v. Paul Hornung.

IM(rarely)HO the simple solution is for Congress to eliminate
constructive receipt as an affirmative defense, but allow it
as a tax collection tool.

Everyone has the right to disagree with me. Just do not
waste time asking about fairness and logic - as they have
little or nothing to do with taxation.

<< ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2005) - All rights reserved. > << ================================================== ===== >