- 6 - Petitioner actually received total distributions from Berkeley during 1997, that were not attributable to after tax employee contributions, of $87,873.49, which exceeds the amount petitioners included in income by $45,956.49. In the notice of deficiency, respondent determined that petitioners failed to report $45,955 in "U C Berkeley 1099R (3)" income. In other words, petitioners failed to include in income a total of $45,955 from the three separate retirement distributions from Berkeley.3 Section 61(a) provides that gross income includes "all income from whatever source derived," unless otherwise provided. More specifically, section 61(a)(1), (9), and (11), respectively, provides that gross income includes "compensation for services, including fees, commissions, fringe benefits, and similar items"; "annuities"; and "pensions". A fundamental principle of tax law is that income is taxed to the person who earns it, when he earns it or derives it from property he owns. Commissioner v. Culbertson, 337 U.S. 733, 739-740 (1949); Lucas v. Earl, 281 U.S. 111 (1930). Moreover, determining the ownership of property is a question of fact, on which the taxpayer generally has the burden of proof. Rule 142(a); Hang v. Commissioner, 95 T.C. 74, 80 3 The $1.49 difference between the $45,956.49 petitioner received but failed to include in income and the $45,955 determined by respondent is not explained in the record.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011