Eric B. Benson, et al. - Page 43

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          T.C. Memo. 1965-84.  Those transactions which lack economic                 
          substance may be ignored.  Gregory v. Helvering, 293 U.S. 465,              
          467 (1935); Muhich v. Commissioner, 238 F.3d 860, 864 (7th Cir.             
          2001), affg. T.C. Memo. 1999-192.                                           
               Section 61(a) defines gross income as “all income from                 
          whatever source derived”.  The regulations demonstrate the                  
          definition’s expanse:  “Gross income includes income realized in            
          any form, whether in money, property, or services.”  Sec. 1.61-             
          1(a), Income Tax Regs. (emphasis added); see Han v. Commissioner,           
          T.C. Memo. 2002-148 (citing Commissioner v. Glenshaw Glass Co.,             
          348 U.S. 426, 431 (1955)).  As the Supreme Court explained, a               
          gain “constitutes taxable income when its recipient has such                
          control over it that, as a practical matter, he derives readily             
          realizable economic value from it.”  Rutkin v. United States, 343           
          U.S. 130, 137 (1952).                                                       
               Section 301, however, qualifies the definition of gross                
          income.  Barnard v. Commissioner, T.C. Memo. 2001-242.                      
          Generally, that section provides that funds distributed by a                
          corporation over which the taxpayer/shareholder has dominion and            
          control are taxed under the auspices of section 301(c).  Id.                
          Pursuant to section 301(c), a dividend is taxed as ordinary                 
          income only to the extent of the distributing corporation’s                 









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