Norman L. and Catherine J. Forste - Page 17

                                       - 17 -                                         
          determined that the $45,615 was not excludable under section 104.           
          Petitioners have cooperated with all respondent’s requests for              
          meetings, interviews, witnesses, information, and documents,                
          including providing, within a reasonable time, access to and                
          inspection of witnesses, information, documents within                      
          petitioners’ control, and assistance in obtaining access to such            
          items not within petitioners’ control.                                      
                                       OPINION                                        
               Gross income includes all income from whatever source                  
          derived, including pensions and compensation for services.  Sec.            
          61(a).  However, section 104 provides for certain specific                  
          exclusions from gross income.  The issue in this case is whether            
          petitioners are entitled to exclude all or a part of the $45,615            
          that Mr. Forste received in 1996 pursuant to a structured                   
          settlement agreement.  Petitioners excluded the entire amount on            
          their joint Federal income tax return for 1996.  Respondent                 
          determined that no part of that amount is excludable from gross             
          income.                                                                     
          I.  Burden of Proof--Section 7491                                           
               It is well established that statutory exclusions are to be             
          construed narrowly, see Commissioner v. Schleier, 515 U.S. 323,             
          328 (1995), and the taxpayer bears the burden of showing that he            
          falls squarely within the requirements for the exclusion.                   
          However, under section 7491(a)(1), if, in any court proceeding, a           






Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  Next

Last modified: May 25, 2011