Davis v. Commissioner
United States Tax Court
T.C. Memo. 1978-12 (1978)
Relevant factsFree
Davis (plaintiff) elected severance pay in November 1974, and her employer told her the funds would take about two months to arrive; the employer sent the check earlier than expected without telling her, a mail carrier attempted delivery on December 31, 1974 while she was not home, and she actually received the check on January 2, 1975. Davis reported the income on her 1975 return, but the IRS (defendant) determined it should have been reported in 1974, and Davis petitioned the Tax Court.
IssueFree
Whether a taxpayer constructively receives income if the taxpayer does not have notice that the funds are subject to her will and control.