- 39 - The Code sections providing that different types of accessions to wealth constitute gross income use various forms of the word "include". Section 61(a) provides that "gross income means all income from whatever source derived, including (but not limited to) the following items:" and then lists 15 items specifically included in gross income. Section 61(b) provides: "For items specifically included in gross income, see part II (sec. 71 and following). For items specifically excluded from gross income, see part III (sec. 101 and following)." Section 79 uses the same articulation as section 83 in providing that the cost of employees' group-term life insurance "shall be included in the gross income" of employees. The same is true for reimbursed moving expenses under section 82. Other Code sections convey the same meaning by different terms such as providing that "gross income includes" alimony (section 71), annuities (section 72), prizes and awards (section 74), and Social Security benefits (section 86). Section 80(a) provides that the restoration of value of certain securities "shall, except as provided in subsection (b), be included in gross income". Subsection (b) then provides for reducing "The amount otherwise includible in gross income under subsection (a)" (emphasis added), using the term "includible" to refer to what was previously "included" in gross income. In another variation, section 88 provides that nuclear decommissioning costs that are built into costs ofPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011