- 19 - of this kind are includable in gross income. See sec. 1.61-2(a)(1), Income Tax Regs. Similarly, Mr. Allen's letter of March 27, 1995, states that the payment was to offset relocation expenses and to compensate petitioner. The receipt for the advance on the lump-sum payment allocates the entire amount to "services". Compensation payments are includable in the recipient's gross income. See sec. 1.61-2(a), Income Tax Regs. Petitioner cites no authority under which the lump-sum payment would be excluded from gross income. We understand that payments to a Government witness are sometimes considered by the Commissioner as welfare payments to the recipient that are not includable in the recipient's income. See G.C.M. 37,028 (Mar. 3, 1977) and G.C.M. 37,564 (June 9, 1978). For example, assistance payments made by the Department of Justice under the witness protective program of the Organized Crime Control Act of 1970, Pub. L. 91-452, tit. V, 84 Stat. 922, 933-934, are treated as welfare payments and are excluded from gross income. See G.C.M. 37,028 (Mar. 3, 1977). The lump-sum payment made to petitioner in this case was not made under the witness protection program, nor was it made in consideration of petitioner's declining to enter the witness protection program. Petitioner has shown noPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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