- 8 - benefits. There is no dispute that petitioner received these payments in 1991. On her 1991 Federal income tax return, petitioner subtracted $41,063, which represents the legal expenses she incurred in prosecuting her action against the Postal Service, from the $75,000 payment. She then reported the difference of $33,937 as "Other income" on line 22 of her return. She reported $42,719 of pension and annuity income, which included the $23,106.64 of increased retirement benefits received for her retroactive promotion. Petitioner also reported wages she received from her employment with Specialty Graphics in 1991. Respondent determined that petitioner was not entitled to exclude the $41,063 in legal expenses from income. Respondent further determined that petitioner's legal expenses were deductible as a miscellaneous itemized deduction. Petitioner now argues that, under section 104(a)(2), neither the $75,000 payment nor the increased retirement benefits are taxable income. Petitioner bears the burden to prove she is entitled to exclude the payments she received in 1991 from income. Rule 142(a). Except as otherwise provided, gross income includes income from all sources. Sec. 61(a); Commissioner v. Glenshaw Glass Co., 348 U.S. 426 (1955). While section 61(a) is to be broadly construed, statutory exclusions from income must be narrowlyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011