Gerald A. Bunker - Page 6

                                        - 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