Ronald N. and Karen M. Gross - Page 10




                                         - 10 -                                          
               Petitioners timely petitioned this Court for redetermination              
          of the deficiencies set forth in respondent’s notice.  In their                
          petition, petitioners contested respondent’s determinations and                
          further alleged that respondent erred in failing to determine                  
          that petitioners were entitled to a refund of overpayments of                  
          income taxes for 1993 and 1994 resulting from petitioners’                     
          reporting of the severance payments as gross income.                           
                                        OPINION                                          
               Gross income means all income from whatever source derived,               
          unless excluded by law.  See sec. 61(a); sec. 1.61-1(a), Income                
          Tax Regs.  Exclusions from income are construed narrowly, and                  
          taxpayers must bring themselves within the clear scope of the                  
          exclusion.  See Commissioner v. Schleier, 515 U.S. 323, 336-337                
          (1995); United States v. Burke, 504 U.S. 229, 233 (1992);                      
          Mayberry v. United States, 151 F.3d 855, 859 (8th Cir. 1998);                  
          Dobra v. Commissioner, 111 T.C. 339, 349 n.16 (1998) (citing                   
          Graves v. Commissioner, 89 T.C. 49, 51 (1987), supplementing 88                
          T.C. 28 (1987)).  Petitioner bears the burden of proof with                    
          respect to whether he is entitled to an exclusion.  See Rule                   
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                          
               Section 104(a)(2) excludes from gross income “the amount of               
          any damages received (whether by suit or agreement and whether as              
          lump sums or as periodic payments) on account of personal                      








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