Alex Malesa - Page 4

                                        - 4 -                                         
          taxable to petitioner as interest income.                                   
          Discussion                                                                  
               Respondent's determinations are presumed correct, and                  
          petitioner bears the burden of proving otherwise.  Rule 142(a);             
          Welch v. Helvering, 290 U.S. 111, 115 (1933).                               
          Annuity Payment                                                             
               Section 61(a) defines gross income as "all income from                 
          whatever source derived".  Annuities are specifically included in           
          gross income.  Sec. 61(a)(9).  The burden is on petitioner to               
          demonstrate that the payment in question falls into a specific              
          statutory exclusion.  Commissioner v. Glenshaw Glass Co., 348               
          U.S. 426, 429-431 (1955).                                                   
               In general, section 72 deals with the income tax treatment             
          of annuities.  Section 1.72-1(a), Income Tax Regs., provides that           
          section 72 prescribes rules regarding the inclusion in gross                
          income of amounts received under a life insurance, endowment, or            
          annuity contract except where such amounts are specifically                 
          excluded from gross income under other provisions of chapter 1 of           
          the Code.  These rules provide that, in general, the amounts                
          subject to the provisions of section 72 are includable in the               
          gross income of the recipient except to the extent that they are            
          considered to represent a reduction or return of premiums or                
          other consideration paid.  Sec. 1.72-1(a), Income Tax Regs.                 
               Any amount received, whether in a single sum or otherwise,             
          in full discharge of the obligation under the annuity contract,             




Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011