- 5 - Discussion The first issue for decision is whether petitioner received unreported income from cocaine sales in the amounts determined by respondent and, if so, whether this income is subject to Federal income taxation. Section 1 of the Internal Revenue Code imposes a Federal tax on the taxable income of every individual. Section 61(a) defines gross income for purposes of calculating taxable income as “all income from whatever source derived.” This broad definition includes income obtained from illegal sources. James v. United States, 366 U.S. 213, 218 (1961); sec. 1.61-14(a), Income Tax Regs. Separately, section 1401 imposes a tax “on the self- employment income of every individual”. Self-employment income is defined generally as “net earnings from self-employment”, which in turn means “the gross income derived by an individual from any trade or business carried on by such individual, less the deductions allowable by this subtitle which are attributable to such trade or business”. Sec. 1402(a) and (b). “Trade or business” as used in this context has been construed to encompass not only legal but also illegal business activities. Peyton v. Commissioner, T.C. Memo. 2003-146.2 2 The provisions of secs. 1401 and 1402 differed significantly from 1989 to 1990. We have reviewed respondent’s calculations in both years and find them to be correct under the applicable provisions of the Code. We note that the sec. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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