- 3 - The first issue for decision is whether petitioner received and failed to report income during the taxable years in issue. Respondent's determinations in the statutory notice of deficiency are presumed to be correct, and petitioner bears the burden of proving otherwise. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 61(a) includes in gross income all income from whatever source derived including, but not limited to, compensation for services. Sec. 61(a)(1). At trial, petitioner admitted that he earned the amounts reported on the Forms W-2 and determined by respondent in the statutory notice of deficiency to be includable in his gross income. Petitioner claims, however, that he is entitled to a deduction for the amounts of his wages which were allegedly garnished by order of a Mississippi State court. Based on the record, we find that petitioner has failed to prove any error in respondent's determinations. According to his testimony, his wages were garnished to repay loan proceeds which he obtained by forging the signature of another person. We find his claim to a deduction for amounts which he is required to pay to such person to be without merit. An employer's payment of an obligation of the taxpayer is equivalent to the taxpayer's receipt of income in the amount so paid. Old Colony Trust Co. v.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011