- 6 - 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 opinionPage: Previous 1 2 3 4 5 6 7 8 9 Next
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