- 5 - Discussion5 Respondent determined that petitioner failed to report income in tax year 2001 in the amount of $15,8446. However, petitioner argues that such payments were made pursuant to credit card insurance policies and, as such, are not income. Petitioner contends that the factual situation here is analogous to the situation where an insured automobile is damaged in an accident. The insurance company insuring the vehicle pays the body shop for the cost of the repairs, and, in such a situation, the payments do not constitute gross income to the vehicle owner. Section 61(a) defines gross income as “all income from whatever source derived,” unless otherwise provided. The Supreme Court has consistently given this definition of gross income a liberal construction “in recognition of the intention of Congress to tax all gains except those specifically exempted.” Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 430 (1955); see also Roemer v. Commissioner, 716 F.2d 693, 696 (9th Cir. 1983), revg. 79 T.C. 398 (1982) (all realized accessions to wealth are presumed taxable income, unless the taxpayer can demonstrate that an acquisition is specifically exempted from taxation). 5We decide the issue in this case without regard to the burden of proof. Accordingly, we need not decide whether the general rule of sec. 7491(a)(1) is applicable in this case. See Higbee v. Commissioner, 116 T.C. 438 (2001). 6As discussed previously, due to concessions, the amount of unreported income in issue is $15,248.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011