Daniel E. Godfrey - Page 2

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               The sole issue is whether petitioner is entitled to exclude            
          from gross income $5,000 paid to petitioner and Dartmouth College           
          by the Globe Newspaper Co., the publisher of the Boston Globe               
          (the Globe).                                                                
               The facts are undisputed and may be summarized as follows.             
          When petitioner was in secondary school he delivered newspapers             
          for the Globe.  During that time the Globe had a "Paper Route to            
          College" program in which petitioner participated.  Under the               
          program, if petitioner delivered the Globe for 3 years, the Globe           
          would pay $5,000 toward petitioner's first-year tuition at an               
          accredited college or university.  Petitioner delivered the Globe           
          for the years 1988, 1989, and 1990.  Upon his graduation from               
          secondary school in 1994, petitioner was accepted by, and                   
          enrolled at, Dartmouth College.  On September 2, 1994, the Globe            
          issued a check to petitioner and Dartmouth College in the amount            
          of $5,000 that was applied toward petitioner's first year                   
          tuition.                                                                    
               Petitioner did not include the $5,000 in gross income on his           
          1994 Federal income tax return.  Upon examination, respondent               
          determined that the $5,000 was includable in gross income and               
          issued a notice of deficiency.                                              
               Section 61(a) defines gross income to include "all income              
          from whatever source derived".  In view of the all inclusive                
          language of section 61, exclusions from income are matters of               
          legislative grace and are construed narrowly.  Commissioner v.              




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