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statutes petitioner cites include Ga. Code Ann. secs. 11-3-101
and 11-4-101 (1981). Citing A.G. Edwards & Sons, Inc. v. Paulk,
25 Bankr. 913 (Bankr. M.D. Ga. 1982), petitioner contends that a
check is not a financial statement or money but is evidence of
debt. Petitioner also cites United States v. Forcellati, 610
F.2d 25 (1st Cir. 1979), as illustrative of the proposition of
negotiable instruments law that the drawer of a check retains
ownership of the check.
Section 61(a) provides that gross income includes all income
from whatever source derived, subject only to the exclusions
otherwise provided.1 In section 61(a), Congress intended “to
exert ‘the full measure of its taxing power’ and to bring within
the definition of income any ‘accession to wealth.’” United
States v. Burke, 504 U.S. 229, 233 (1992) (citations omitted).
Consequently, the definition of gross income has a broad scope,
and exclusions are construed narrowly. Commissioner v. Schleier,
515 U.S. 323, 327-328 (1995); Commissioner v. Jacobson, 336 U.S.
28, 49 (1949).
1SEC. 61. GROSS INCOME DEFINED.
(a) General Definition.--Except as otherwise provided
in this subtitle, gross income means all income from
whatever source derived, including (but not limited to) the
following items:
* * * * * * *
(9) Annuities;
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