Josephine Velasco - Page 6




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          received from third parties reflecting their payments to petitioner         
          in 1996.                                                                    
                                       OPINION                                        
               Petitioner does not contest respondent’s determinations as set         
          forth in the notice of deficiency, including the additions to tax,          
          except for $40,500 of the $60,500 reflected in a Form 1099 issued           
          to petitioner by the M. Riccardi Agency and used by respondent in           
          his determination of petitioner’s income.  Respondent contends that         
          petitioner had $40,500 of income in 1996 either from the discharge          
          of indebtedness she owed Mr. Riccardi or by the constructive                
          receipt of the commission on the sale of the shopping center.  We           
          agree with respondent.                                                      
               Section 61(a) defines “gross income” broadly, and specifically         
          includes both “compensation for services” and “income from                  
          discharge of indebtedness” within its meaning.  It is well settled          
          that where an employee owes a debt to the employer, crediting the           
          salary earned by the employee against the employee’s debt to the            
          employer, without any cash changing hands, is income to the                 
          employee.  See, e.g., Newmark v. Commissioner, 311 F.2d 913, 915            
          (2d Cir. 1962) (citing Old Colony Trust Co. v. Commissioner, 279            
          U.S. 716, 729 (1929)), affg. T.C. Memo. 1961-285; Tucker v.                 
          Commissioner, 69 T.C. 675 (1978); Cox v. Commissioner, T.C. Memo.           
          1996-241; Phillips v. Commissioner, T.C. Memo. 1993-514; Kelley v.          
          Commissioner, T.C. Memo. 1991-324, affd. without published opinion          






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