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A company is not required to report as income an amount which it might never receive. See Burnet v. Logan, 283 U. S. 404, 283 U. S. 413. Compare Lucas v. American Code Co., 280 U. S. 445, 280 U. S. 452; Burnet v. Sanford & Brooks Co., 282 U. S. 359, 282 U. S. 363.


If there is no constructive receipt of the monies by the company because there was no right in the company to demand the payment of the money, there is no claim of right. 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. See Board v. Commissioner, 51 F.2d 73, 75, 76. Compare United States v. S.S. White Dental Mang. Co., 274 U. S. 398, 274 U. S. 403. 


 The leading case on the claim of right tax doctrine is North American Oil Consolidated v. Burnet, 286 U.S. 417, 76 ...

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