1. Home
  2. Browse Decisions
  3. F.2d
  4. 150 F.2d
  5. 150 F.2d 471 (1945)
 

BLUM v. HIGGINS

No. 346.

150 F.2d 471 (1945)

BLUM v. HIGGINS, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

June 20, 1945.

Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn, of New York City (Norman S. Goetz and Wilbur H. Friedman, both of New York City, and Gerald Silbert, of Brooklyn, N. Y., of counsel), for plaintiff.

John F. X. McGohey, of New York City (Stanley H. Lowell, of New York City, of counsel), for defendant.

Before L. HAND, AUGUSTUS N. HAND, and FRANK, Circuit Judges

FRANK, Circuit Judge.

1. Since the taxpayer did not receive any of the proceeds of the insurance policy in 1936 and since he was on a cash basis, he realized no taxable gain on the policies in that year unless the doctrine of constructive receipt is applicable. The taxpayer is considered in constructive receipt of income if it is available to him "without any substantial limitation or restriction as to the time or manner of payment or condition upon which payment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases