- 7 - Respondent seeks summary judgment that the deficiencies and additions to tax determined in the notice of deficiency and amended answer be sustained. The first issue is whether peti- tioner is liable for the deficiencies. The deficiencies are in the amounts of $2,269, $27,458, and $5,998 for the taxable years 1990, 1991, and 1992. The deficiencies arose because petitioner failed to file Federal income tax returns and report gross income for the taxable years 1990, 1991, and 1992 in the amounts of $20,436, $107,301, and $27,381, as determined in the notice of deficiency. Section 61 defines gross income as income from whatever source derived. The Supreme Court has held that, when earnings are acquired, lawfully or unlawfully, without a consensual recog- nition of an obligation to repay and without restriction on their disposition, there is income to the taxpayer even though he may be required to pay restitution at a later date. James v. United States, 366 U.S. 213, 219 (1961). This proposition has been extended to cover situations where the taxpayer "obtained loans in bad faith without an intent to repay them," as well as where the taxpayer obtained money by embezzlement, as in the James case. United States v. Swallow, 511 F.2d 514, 519-520 (10th Cir. 1975). The evidence establishes that petitioner received wage and interest income of $20,436 in 1990. In 1991, petitioner received $92,000 of embezzlement income as well as wage and interest income of $15,301. Further, the evidence establishesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011