Wayne D. Bumgarner - Page 5

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                  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.,                             




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