Given the substantial limitations and restrictions on the ability of plaintiffs to actually demand and receive the dividend and capital gains income that BLMIS reported they had earned, the court concludes that plaintiffs did not and could not constructively receive the money that plaintiffs had reported as income on their GIT returns.
Before the Bush tax cut, dividends labored under a heavy handicap--they were taxed twice: once when the company earned the money, a second time when the dividend passed into the hands of the investor.