- 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