- 43 - 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’sPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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