Elmo B. and Donna L. Nunnemaker - Page 5

                                        - 4 -                                         
          withdrawal.  Petitioners, however, did not withdraw any of the              
          interest credited to these accounts.                                        
               Petitioners timely filed a joint Federal income tax return             
          for 2000 using the cash basis method of accounting.  On their               
          return, petitioners reported only that they received $19 of                 
          interest income from Sterling Savings Bank.  Petitioners did not            
          report any interest income from Washington Mutual or from the CD            
          accounts.                                                                   
               In the notice of deficiency, respondent determined that                
          petitioners received unreported interest income from Washington             
          Mutual and from the CD accounts.                                            
               Petitioners timely filed a petition with this Court                    
          challenging the notice of deficiency.  In the petition,                     
          petitioners state: “The interest in question was not paid or                
          received by us.”                                                            
          Discussion7                                                                 
               Generally, interest received by or credited to the taxpayer            
          constitutes gross income and is fully taxable.  Sec. 61(a)(4);              
          sec. 1.61-7(a), Income Tax Regs.  An item of gross income shall             
          be included in income in the taxable year when received by the              
          taxpayer unless under the taxpayer’s method of accounting the               


               7  The facts are not in dispute, and the issue is                      
          essentially one of law.  Therefore, sec. 7491, concerning burden            
          of proof, has no bearing on this case.  See Higbee v.                       
          Commissioner, 116 T.C. 438 (2001).                                          





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011