Brief Fact Summary. Taxpayer was the president and majority stockholder of a corporation. The corporation had an agreement with him where he would return any portion of his salary that may be determined to be excessive by the IRS. In 1974 the IRS determined he received excessive salary in the amount of $57,500 and he paid it back to the corporation.
Synopsis of Rule of Law. Section 1341 treatment provides that if a taxpayer includes an item of gross income in a tax year and in a subsequent year he is no longer entitled to that income and is entitled to a deduction, then the tax for the subsequent tax year is reduced by either the tax attributable to the deduction or the decrease in the tax for the prior year whichever is greater.
If a taxpayer receives earnings under a claim of right and without restriction as to its disposition, he has received income which he is required to return, even though it may still be claimed that he is not entitled to retain the money, and even though he may still be adjudged liable to restore its equivalent.View Full Point of Law
Issue. Is Taxpayer entitled to Section 1341 treatment to provide him the tax treatment that is most favorable?
Held. Judge Brown issued the opinion for the United States Sixth Circuit Court of Appeals in holding that Taxpayer is entitled to Section 1341 treatment.
Discussion. The government argued that Taxpayer had an unrestricted right to the income in the year it was received and thus 1341 was not available to him. The Court of Appeals noted that Section 1341 treatment should not be effected just because the restriction on the taxpayer’s right to income does not arise until a subsequent year after having received the income.