Emmanuel L. Roco - Page 11

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               Petitioner received a Form 1099-MISC for the qui tam payment           
          and expected respondent to audit his return.  Triggering an audit           
          by omitting income reported on a Form 1099 is not a good faith              
          attempt to comply with the tax laws.  Petitioner’s claim that he            
          was merely seeking to test the income tax laws is not credible              
          because he failed to disclose the payment on his return.                    
               Petitioner contends that the language in Eisner v. Macomber,           
          supra, to the effect that income includes only proceeds from                
          labor or capital, provides substantial authority for his position           
          that the qui tam payment was not includable in gross income.  We            
          disagree.  A taxpayer has substantial authority for his or her              
          position if the weight of authority in support of the taxpayer’s            
          position is substantial in relation to the weight of authorities            
          supporting contrary positions.  Antonides v. Commissioner, 91               
          T.C. 686, 702 (1988), affd. 893 F.2d 656 (4th Cir. 1990).  The              
          description of income in Eisner v. Macomber, 252 U.S. 189 (1920),           
          clearly is inapplicable here.  See, e.g., Commissioner v.                   
          Glenshaw Glass Co., 348 U.S. at 431; Helvering v. Bruun, 309 U.S.           
          461 (1940); United States v. Kirby Lumber Co., 284 U.S. 1 (1931).           
          The Supreme Court has limited Eisner v. Macomber, supra, chiefly            
          to the taxability of stock dividends.  See Helvering v.                     
          Griffiths, 318 U.S. 371, 373, 375, 394 (1943).  We conclude that            
          Eisner v. Macomber, supra, is not substantial authority for                 
          petitioner’s position here.                                                 






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