Robert B. and Daisy A. Miley - Page 3




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          Hearth Home or Guardian on their 1997 tax return or attach the              
          Form W-2 from Hearth Home to their 1997 return.                             
                                       OPINION                                        
               Petitioners contend that Guardian’s payments to petitioner             
          of $7,618 were nontaxable disability benefits.1                             
               Gross income includes all income from whatever source                  
          derived.  Sec. 61(a).  Exclusions from income are a matter of               
          legislative grace and are construed narrowly.  Commissioner v.              
          Schleier, 515 U.S. 323, 328 (1995).  Taxpayers bear the burden of           
          proving that they are entitled to exclude the amounts claimed.2             
          Rule 142(a)(1).                                                             












               1  Respondent determined that petitioner received unreported           
          income of $9,149, the amount that Hearth Home reported on the               
          Form W-2 that it issued to petitioner for 1997.  Of that amount,            
          $7,618 was disability income and $1,531 was compensation that               
          petitioner received from Hearth Home for the 15 days he worked in           
          January 1997.  Petitioners do not contend that the compensation             
          for the 15 days is excludable from income.                                  
               2  Petitioners do not contend that the burden of proof is on           
          respondent under sec. 7491, nor have petitioners established that           
          they complied with the requirements of sec. 7491(a)(2)(A) and (B)           
          to substantiate items, maintain required records, and fully                 
          cooperate with respondent's reasonable requests.                            





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