Vittorio Kellum - Page 8

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          “your permanent disability benefits from 01/01/97 through                   
          10/27/97.”  It is unclear from this record whether SCRMA is                 
          associated with petitioner’s workers’ compensation claim with the           
          State of California or whether it is associated with Compton                
          Unified’s group insurance plans.                                            
               Gross income includes all income from whatever source                  
          derived, unless excludable by a specific provision of the                   
          Internal Revenue Code.  Sec. 61(a).  One exclusion from gross               
          income can be found at section 104(a)(1) for “amounts received              
          under workmen’s compensation acts as compensation for personal              
          injuries or sickness”.  Another exclusion can be found at section           
          104(a)(3) for amounts received through accident or health                   
          insurance for personal injuries or sickness, except if such                 
          amounts are (a) attributable to contributions by the employer               
          which were not includable in the gross income of the employee, or           
          (b) are paid by the employer.  See also sec. 105(a).                        
               Taxpayers reporting income on the cash method of accounting,           
          such as petitioner, must include an item of income for the                  
          taxable year in which the item is actually or constructively                
          received.  See sec. 451(a); see also Polone v. Commissioner, T.C.           
          Memo. 2003-339; Knoll v. Commissioner, T.C. Memo. 2003-277                  
          (applying this principle in the context of a section 104 case).             
               The record does not support petitioner’s claim for                     
          exclusion.  Petitioner applied for workers’ compensation benefits           






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