Venture Funding, Ltd. - Page 56

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          phrase “in the gross income”.  Gross income is a legal concept              
          and not a reporting position.  The term “gross income” has the              
          general definition set forth in section 61(a), and, unless the              
          word "included" is used in an unusual sense, it is a question of            
          law whether or not any particular receipt is included or excluded           
          from gross income.  If context is to govern meaning, then,                  
          relying on the “plain and common meaning of that text [sec.                 
          83(h)]”, I conclude that the meaning of the phrase “included in             
          the gross income of the [service provider]” means included as a             
          matter of law.  Nothing in the majority’s description of                    
          Congressional purpose for section 83 (“primarily to set forth               
          rules on the tax treatment of deferred compensation arrangements            
          known as restricted stock plans)” leads me to believe that                  
          Congress intended the word "included" in section 83(h) to have an           
          unusual meaning.  The majority cites S. Rept. 91-552, 1969-3 C.B.           
          423 (S. Rept. 91-552 (1969)), wherein it is stated:                         
               The allowable deduction is the amount which the                        
               employee is required to recognize as income.  The                      
               deduction is to be allowed in the employer’s accounting                
               period which includes the close of the taxable year in                 
               which the employee recognizes the income. * * * [1969-                 
               C.B. at 502; emphasis added.]                                          
          On its face, the language of S. Rept. 91-552 is ambiguous.  In              
          the income tax law, the word “recognize” is a term of art,                  
          connoting a noncognitive act--gain or loss being recognized “to”            
          a person, not “by” a person.  See, e.g., secs. 361(a), 731(a) and           







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