Diana T. Visco - Page 9




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               As of the date of trial, petitioner had not contacted the              
          Commonwealth Court requesting access to the $62,275.62 that the             
          district had deposited with Dauphin Deposit Bank and Trust Co.              
          for her benefit.  Petitioner has never filed a Federal income tax           
          return for the taxable year 1992.                                           
                                       OPINION                                        
          Gross Income                                                                
               The first issue is whether petitioner is required to include           
          $138,799.18 in compensation for services, backpay, and interest             
          on backpay in her 1992 gross income.  Gross income includes                 
          income from whatever source derived, including compensation for             
          services.  See sec. 61(a)(1).                                               
               A.   Compensation for Services Performed During 1992                   
               At trial, petitioner acknowledged that she received and                
          cashed paychecks for services performed in 1992.  Since                     
          compensation for services rendered is includable in gross income            
          and petitioner does not dispute that she received it, we hold               
          that petitioner is required to include $38,223.86 of wages for              
          services that she performed in 1992 in her 1992 gross income.               
               B.   Backpay and Interest on Backpay                                   
               With regard to the backpay and interest on backpay,                    
          petitioner appears to argue, in the alternative, that:  She never           
          constructively received these amounts; the money was a damage               







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