- 4 - proceeds from contract 5554A to secure a loan from Commodity Credit Corporation (CCC). On January 2, 1992, Union Elevator paid petitioners $157,264.26, the amount due under the contracts. It was not unusual for petitioners to collect payment on the contracts soon after the first of the year. The balance of the loan from CCC on this date was $32,725.37, consisting of principal and interest. This amount was not paid to petitioners but was withheld and remitted to CCC. Petitioners, in preparing their 1991 Federal income tax return, did not include in income any amount relating to the contracts for regular tax or alternative minimum tax (AMT) purposes. By statutory notice of deficiency, respondent determined that petitioners' AMTI for 1991 should be increased to take into account the deferred sales proceeds from the contracts. Respon- dent increased petitioners' AMTI by $156,121 to account for these proceeds. OPINION Section 612 provides that gross income means all income from whatever source derived. Sec. 61(a)(3). Absent a statutory exception, section 1001(c) requires a taxpayer to recognize, in 2All section references are to the Internal Revenue Code in effect for the taxable year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011