Illinois
How Eisner v. Macomber applies in Illinois: state-specific rules, key cases, and bar exam notes for Tax Law.
In Illinois, the principles established in Eisner v. Macomber regarding taxation and the definition of income are consistently upheld. The state recognizes the importance of characterizing income, especially concerning the taxation of stock dividends and other non-cash income.
Illinois adheres to the principle that income is not taxable unless it is realized, meaning that the taxpayer must have actual or constructive receipt of income for it to be subject to taxation.
The Illinois Supreme Court ruled that realized income must be distinguished from unrealized gains for the purposes of state taxation.
The court held that a mere declaration of a dividend does not constitute income until it has been declared and actually paid out.
The court emphasized that Illinois law requires actual receipt or definitive entitlement for income recognition.
Illinois mirrors the federal standard that income should be recognized when realized, further emphasizing the distinction between realized and unrealized income. However, Illinois may have specific provisions or interpretations that can differ slightly from federal tax regulations.
Understanding the principle from Eisner v. Macomber is crucial for the Illinois Bar Exam, particularly in tax law sections discussing the recognition of income.