Sandra G. Venable - Page 6

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               tax attributable to the amount of gross income                         
               Petitioner received from the lawsuit recovery, the                     
               accuracy related penalty provided in I.R.C. � 6662(a)                  
               and (c) shall be computed.  The amount of the penalty                  
               imposed and assessed will be reduced by 50% from the                   
               amount computed.                                                       
                                     Discussion                                       
          I.  General Rules                                                           
               As a general rule, the Internal Revenue Code imposes a                 
          Federal tax on the taxable income of every individual.  Sec. 1.             
          Section 61(a) specifies that, “Except as otherwise provided”,               
          gross income for purposes of calculating such taxable income                
          means “all income from whatever source derived”.  The compass of            
          this definition is broad, typically reaching any accretions to              
          wealth.  Commissioner v. Schleier, 515 U.S. 323, 327 (1995);                
          Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429-431 (1955).           
               Section 104, in contrast, provides otherwise with respect to           
          compensation for injuries or sickness.  Such exclusions from                
          gross income are construed narrowly.  Commissioner v. Schleier,             
          supra at 328; United States v. Burke, 504 U.S. 229, 248 (1992)              
          (Souter, J., concurring in judgment).  Before its amendment on              
          August 20, 1996, by the Small Business Job Protection Act of 1996           
          (SBJPA), Pub. L. 104-188, sec. 1605, 110 Stat. 1838, section 104            
          read in pertinent part as follows:                                          
               SEC. 104.  COMPENSATION FOR INJURIES OR SICKNESS.                      
                    (a) In General.--Except in the case of amounts                    
               attributable to (and not in excess of) deductions                      
               allowed under section 213 (relating to medical, etc.,                  





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