SWAN, Circuit Judge.
This appeal involves the petitioner's income tax for the year 1943. The issue is whether compensation paid him in 1943 for services rendered to a corporation in 1942 should be taxed in the year of actual receipt, as the Tax Court held, or in the earlier year under the doctrine of "constructive receipt," as the petitioner contends.
The facts were stipulated. During the years 1942 and 1943 Mr. Hyland, the taxpayer, owned 85.71% of the stock...
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