- 6 - petitioner contends that the amended agreement and the hospital’s proceedings against him in a U.S. District Court to collect repayment of the guarantee payments received by him should eliminate “any doubt regarding the treatment of the monies advanced”. Respondent argues that amounts paid to petitioner by the hospital constituted gross income in 1993. Respondent contends that nothing in the record evidences that, at the time petitioner entered into the practice agreement, petitioner intended to repay the guarantee payments received. Respondent also argues that the practice agreement did not contain an unconditional obligation to repay because it stated that any terms regarding the payback of a balance due would be mutually agreed upon at the expiration of the term. Gross income includes all income from whatever source derived, encompassing all “accessions to wealth, clearly realized, and over which the taxpayers have complete dominion”. Sec. 61(a); Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955). Generally, proceeds of a loan do not constitute income to a borrower because the benefit is offset by an obligation to repay. United States v. Rochelle, 384 F.2d 748, 751 (5th Cir. 1967); Arlen v. Commissioner, 48 T.C. 640, 648 (1967). Whether a particular transaction actually constitutes a loan, however, isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011