- 4 - OPINION We must decide (1) whether petitioner must include in his income wages of $53,153 and $54,112 for the 1995 and 1996 tax years, respectively, and whether petitioner may exclude from his income amounts that were garnished from his wages during 1995 and 1996 to pay court ordered alimony and child support; (2) whether petitioner is entitled to deduct amounts that he paid in alimony in 1995 and 1996; and (3) whether petitioner is liable for any additions to tax under sections 6651(a)(1), 6651(a)(2), or 6654. I. Income Section 61 provides that gross income includes all income from whatever source derived. Subsection (a)(1) specifically provides that compensation for services is included in income. See also Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 430 (1955); sec. 1.61-2, Income Tax Regs. Petitioner was a civilian employee of the Department of Defense and earned gross wages of $53,153 in 1995 and $54,112 in 1996. Accordingly, petitioner is required to include these amounts in his taxable income for the 1995 and 1996 tax years, respectively. Petitioner argues that he should not be required to include in his taxable income amounts that were garnished from his wages. Petitioner contends that (1) he is a cash basis taxpayer and never had control of the amounts that were garnished and (2) his civil rights were violated during his divorce proceedings. It is well established that income from personal servicesPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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