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Ames v. Commissioner

United States Tax Court

112 T.C. 304 (1999)

Relevant factsFree

Ames (plaintiff), a spy for the USSR, was promised illegal payments in 1985 but the USSR didn't actually deposit them in accessible secret locations until 1989-1992, after he handed over stolen documents; the Commissioner (defendant) assessed tax deficiencies for 1989-1992, and Ames argued the income should instead be attributed to 1985 when it was first promised, since he used the cash method of accounting.

IssueFree

Whether, for federal tax purposes, a taxpayer who reports income on the cash method of accounting constructively receives taxable income when he obtains unfettered control over the income.

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