- 5 - petitioner’s 1996 pension was $24,843. See sec. 1.72-4, Income Tax Regs. Petitioner agrees that the determination of the taxable portion of $24,843 is in accordance with the regulations. However, petitioner maintains that the taxable amount should be reduced by $1,864 for 1996 in order to take into account the effect of inflation on his contributions. Petitioner’s contention that he is entitled to adjust the basis in his annuity pension to account for inflation is incorrect. Section 61(a) provides that gross income includes all income from whatever source derived, unless otherwise specifically excluded. Section 61(a)(9) provides that gross income includes income from annuities. The Supreme Court has reasoned that Congress “intended ‘to use the full measure of its taxing power’” when it created the income tax. Commissioner v. Kowalski, 434 U.S. 77, 82 (1977) (quoting Helvering v. Clifford, 309 U.S. 331, 334 (1940)). The Court explained that Congress intended “‘to tax all gains except those specifically exempted.’” Id. at 82-83 (quoting Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429-430 (1955)). There is no statutory or regulatory provision permitting petitioner to exempt gain which may be attributable solely to inflation by adjusting the basis in his annuity pension to account for such inflation.2 2We note that when Congress intends for inflation to be taken into account, it does so by providing for it by statute. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011