- 5 - The gist of petitioner's position is common to so-called tax protesters, despite his repeated claims that he should not be so pigeonholed. Petitioner admits that he exchanged his labor for the amounts paid to him during the relevant taxable years. Nevertheless, petitioner maintains that such an exchange does not constitute a taxable transaction as long as it was even. Since the value of his labor equaled or exceeded the value of the wages and nonemployee compensation he received in exchange therefor, petitioner theorizes, he did not realize a gain. Therefore, no part of his remuneration is subject to income tax. In so arguing, petitioner contends that section 83 authorizes the requisite specific exclusion from gross income for compensation received for services rendered, since "[petitioner's basis (cost) is the * * * [fair market value] of his services, [and] this amount is deductible as cost" under the statute. Respondent demurs to all of petitioner's assertions. We agree with respondent and hold that the wages and other compensation attributed to petitioner in the notices of deficiency are taxable income. "Except as otherwise provided", wages, salaries, commissions, and other compensation received in consideration of services or labor performed are included in the recipient's gross income for income tax purposes. Sec. 61(a)(1); Old Colony Trust Co. v. Commissioner, 279 U.S. 716, 729 (1929); Tyee Realty Co. v. Anderson, 240 U.S. 115 (1916); Brushaber v. Union Pac. R.R. Co.,Page: Previous 1 2 3 4 5 6 7 8 9 Next
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