Michael Thomas Prasil and Lori Lynn Prasil - Page 9

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          collection of a prebankruptcy Federal tax liability.8  Therefore,           
          the issue before us is a question of petitioners’ Federal income            
          tax liability under the Internal Revenue Code, Title 26, United             
          States Code, and not a question under the Bankruptcy Code, Title            
          11, U.S. Code.                                                              
               Respondent argues that the $7,650 settlement payment is                
          includable in petitioners’ gross income for 1999.  For the                  
          reasons stated below, we agree.                                             
               Section 61(a) provides that “gross income means all income             
          from whatever source derived” except as otherwise provided.  The            
          definition of gross income is broad in scope, Commissioner v.               
          Glenshaw Glass Co., 348 U.S. 426, 429-30 (1955), and exclusions             
          from gross income are narrowly construed, United States v. Burke,           
          504 U.S. 229, 248 (1992) (Souter, J., concurring in judgment);              
          Commissioner v. Jacobson, 336 U.S. 28, 49 (1949).                           
               As relevant to the present case, section 104(a)(2) excludes            
          from gross income “the amount of any damages (other than punitive           
          damages) received (whether by suit or agreement and whether as              
          lump sums or as periodic payments) on account of personal                   





               8  See Swanson v. Commissioner, 65 T.C. 1180, 1184 (1976),             
          where this Court observed that an action brought for                        
          redetermination of a deficiency “has nothing to do with                     
          collection of the tax nor any similarity to an action for                   
          collection of a debt”.                                                      





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