Estate of Charles Whittaker Wright, Deceased, Valerie Wright-Ballin, Administratrix, and Betty J. Wright, Deceased - Page 7




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          $1,257,500 does not coincide with any of the settlement documents           
          in the record as noted above, petitioners have not contested that           
          this is the amount paid for personal injuries.  The transfers of            
          the automobiles are not stated in the Memorandum of Agreement to            
          be part of the personal injury settlement; rather, they are                 
          separately listed in that document.                                         
                                       OPINION                                        
               The controversy concerns whether petitioners may exclude               
          from gross income under section 104(a)(2) a portion of the                  
          settlement proceeds they received from MEC, a corporation of                
          which Mr. Wright was one of the founding shareholders and a long-           
          term employee.                                                              
          I.  General Rules                                                           
               “Except as otherwise provided”, gross income for the purpose           
          of calculating Federal income tax includes “all income from                 
          whatever source derived”.  Sec. 61(a).  This definition is                  
          sweeping in scope, and exclusions from income are to be narrowly            
          construed.  See Commissioner v. Schleier, 515 U.S. 323, 328                 
          (1995).  Further, “exemptions from taxation are not to be                   
          implied; they must be unambiguously proved.”2  United States v.             
          Wells Fargo Bank, 485 U.S. 351, 354 (1988).  The statute and the            
          regulations provide that compensation for services, including               


               2No question has been raised with respect to the burden of             
          proof or production under sec. 7491(a).                                     






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