Patricia L. Baldwin - Page 8




                                        - 8 -                                         
          excludable from petitioner’s gross income under section                     
          104(a)(1).  We agree with respondent.                                       
               Section 61(a) broadly defines gross income as “all income              
          from whatever source derived”.  Compensation for services is                
          expressly included within this broad definition.  See sec.                  
          61(a)(1).                                                                   
               Under section 104(a)(1), amounts received as worker’s                  
          compensation are excluded from gross income.  However, the Court            
          has held that statutes granting tax exemptions should be                   
          strictly construed.”  Kane v. United States, 43 F.3d 1446, 1449             
          (Fed. Cir. 1994); see Commissioner v. Jacobson, 336 U.S. 28, 39             
          (1949).  A taxpayer seeking a deduction or exclusion from gross             
          income “must be able to point to an applicable statute and show             
          that he comes within its terms.”  New Colonial Ice Co. v.                   
          Helvering, 292 U.S. 435, 440 (1934).                                        
               Section 104(a)(1) excludes from gross income “amounts                  
          received under workmen's compensation acts as compensation for              
          personal injuries or sickness”.  Section 1.104-1(b), Income Tax             
          Regs., includes amounts received by an employee “under a statute            
          in the nature of a workmen’s compensation act which provides                
          compensation to employees for personal injuries or sickness                 
          incurred in the course of employment.”  Therefore, in order to              
          resolve this matter, we must consider the relevant provisions of            
          the worker’s compensation act under Michigan law and determine              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011