- 51 - for California workers' compensation coverage. By December 31, 1984, petitioner had incurred workers' compensation losses in California that had been paid by Liberty Mutual in the amount of $2,714,500. Respondent disallowed $11,527,41524 deducted on petitioner's 1984 return. After concessions, the amount in dispute with respect to the Liberty Mutual policy has been reduced to $11,151,675.25 OPINION I. Excess Value Charges Respondent determined that EVC's in the amount of $99,794,790 must be included in petitioner's 1984 income pursuant to section 61. Section 61(a) provides in part that "gross income means all income from whatever source derived". It is fundamental to our system of taxation that income must be taxed to the one who earns it. See Commissioner v. Culbertson, 337 24This amount represents the difference between the total of $14,241,915 of deductions and the $2,714,500 actually paid out by Liberty Mutual Fire in 1984 claims. 25Respondent conceded a total of $375,740. See supra note 2. Thus, respondent's initial disallowance of $11,527,415 has been reduced by $375,740 to $11,151,675. The $375,740 conceded by respondent is made up of $325,740, representing a 12-percent claim adjustment expense for losses paid in 1984 plus $50,000 in premiums paid to Liberty Mutual for risk associated with claims over $250,000. The $325,740 conceded amount was calculated by respondent to be an allocation of a portion of the total $1.2 million retained by Liberty Mutual based on the ratio of 1984 claim payments to total 1984 claims paid between 1984 and 1994.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
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