-5- need to reexamine their books and records after examining them previously. Because information that may affect your tax liability has been developed since we last examined your books and records, please make them available to us for reexamination.” The letter was signed by Bill Marx, the acting territory manager for the Large and Mid-Size Business Division. On August 28, 2002, respondent issued a notice of deficiency that determined a $194,743 deficiency in petitioners’ income tax for 1998. Discussion Exclusion Pursuant to Section 104(a)(2) Respondent determined that none of the Merchants award was excludable pursuant to section 104(a)(2). Petitioners challenge respondent’s determination. As a general rule, the Internal Revenue Code imposes a Federal tax on the taxable income of every individual. Sec. 1. Section 61(a) specifies that, “Except as otherwise provided”, gross income for purposes of calculating such taxable income means “all income from whatever source derived”. The Supreme Court has long reiterated the sweeping scope of section 61. Commissioner v. Schleier, 515 U.S. 323, 327 (1995); Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429-431 (1955). Section 104, in contrast, provides an exception with respect to compensation for injuries or sickness. Such exclusions fromPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011