- 12 - E. Whether Petitioner’s 1996 NYSL Payment Is Excluded From Gross Income as an Annuity Under Section 72(b)(1) Petitioner contends that he may exclude the 1996 NYSL payment from income as an annuity under section 72(b)(1).5 We disagree. Gross income generally includes any amount received as an annuity. Sec. 72(a). However, amounts attributable to the taxpayer’s investment in the annuity contract are excludable. Sec. 72(b)(1). Petitioner paid $1 for the winning lottery ticket. Thus, petitioner may exclude at most $1. Id. We conclude that petitioner may not exclude the 1996 NYSL payment from income under section 72(b)(1). F. Whether Petitioner Had a $4,237 Net Operating Loss Carryover for 1996 Petitioner contends that he may carry over to 1996 a $4,237 net operating loss which resulted from investment losses from his rental property in previous years. We disagree. Petitioner reported in a statement attached to his 1996 return that he had a $4,237 net operating loss carryover.6 He 5 Sec. 72(b) provides in part: (1) In general.--Gross income does not include that part of any amount received as an annuity under an annuity, endowment, or life insurance contract which bears the same ratio to such amount as the investment in the contract (as of the annuity starting date) bears to the expected return under the contract (as of such date). 6 A tax return is not evidence of the truth of the facts (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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