Elliot Virgil Wilkerson - Page 6




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               Section 61 provides that gross income includes "all income             
          from whatever source derived," unless otherwise provided.  The              
          Supreme Court has consistently given this definition of gross               
          income a liberal construction "in recognition of the intention of           
          Congress to tax all gains except those specifically exempted."              
          Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 430 (1955); see           
          also Roemer v. Commissioner, 716 F.2d 693, 696 (9th Cir. 1983),             
          revg. 79 T.C. 398 (1982) (all realized accessions to wealth are             
          presumed taxable income, unless the taxpayer can demonstrate that           
          an acquisition is specifically exempted from taxation).                     
          Moreover, section 1.61-2(a)(1), Income Tax Regs., provides that             
          "wages, salaries, commissions paid salesmen * * * are income to             
          the recipients unless excluded by law".                                     
               The amounts petitioner received from his employer                      
          represented payments for his services.  Those amounts represented           
          compensation for services rendered.  Those amounts are includable           
          in gross income.  Whatever rights petitioner surrendered or                 
          forfeited in his employment relationship with the company have no           
          bearing on the tax consequences of the amounts paid to petitioner           
          for his services.  Petitioner's argument, therefore, is rejected,           
          and respondent is sustained.                                                











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