- 4 - 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;Page: Previous 1 2 3 4 5 6 7 8 Next
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