Hornung v. Commissioner
United States Tax Court
47 T.C. 428 (1967)
Relevant factsFree
After being named outstanding player of the 1961 NFL championship game, Hornung (plaintiff) was awarded a Corvette by Sport Magazine, but the car remained at a closed New York dealership on the day of the game, with no keys, title, or actual access made available to him; he formally accepted the car at a New York luncheon a few days later, on January 3, 1962. Hornung never reported the car's value as income, and the Commissioner (defendant) determined it should have been included in his 1962 gross income.
IssueFree
Whether a taxpayer is in constructive receipt of income when he has unfettered control over it, even absent physical possession.