Counting Escrows

The First Circuit Court of Appeals has upheld the Tax Court in Burke v. Commissioner , 99 AFTR 2d 2007-941. In so doing, the courts underscored the IRS’s position that distributed income from a partnership must be recognized as taxable income even when it is held in escrow by the partners because of a legal dispute. For a description of the case, see “ Tax Matters,” JofA , May 06, page 82.