- 3 - liberal construction to this broad phraseology in recognition of the intention of Congress to tax all gains except those specifically exempted." Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 430 (1955). Gross income specifically includes compensation for services and income from discharge of indebtedness. Sec. 61(a)(1), (12). A payment by an employer in satisfaction of a liability of an employee generally constitutes taxable income to the employee. Old Colony Trust Co. v. Commissioner, 279 U.S. 716, 729-730 (1929); Huff v. Commissioner, 80 T.C. 804, 814-815 (1983). While Congress may provide for exclusions from gross income, such exclusions are matters of legislative grace and are construed narrowly. Mostowy v. United States, 966 F.2d 668, 671 (Fed. Cir. 1992); see also Silverman v. Commissioner, 28 T.C. 1061, 1067-1068 (1957), affd. 253 F.2d 849 (8th Cir. 1958). A taxpayer seeking a deduction or exclusion "must be able to point to an applicable statute and show that he comes within its terms." See New Colonial Ice Co. v. Helvering, 292 U.S. 435, 440 (1934). Petitioner has not argued that any specific statutory exclusions apply to exempt the payment from gross income, and we are not aware of any that apply. Petitioner, however, argues that he has been unfairly treated because military personnel in other professions, such as nurses and doctors, receive tax exempt educational subsidies. Assuming arguendo that petitioner'sPage: Previous 1 2 3 4 5 Next
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