Victor M. Vazquez, Jr. - Page 3

                                        - 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's                 





Page:  Previous  1  2  3  4  5  Next

Last modified: May 25, 2011