Kim Anthony Polonczyk - Page 5

                                        - 4 -                                         
          2002 and reflects $0.18 being deposited into the savings account            
          on December 31, 2002.  The Statement of Account also reports that           
          petitioner’s checking account earned $12.99 of interest income in           
          2002.  However, there is no evidence indicating whether that                
          amount was ever deposited in or credited to the checking account.           
               The IRS attempted to obtain information from Farmers with              
          respect to the gross distribution that it reported for                      
          petitioner.  As of the time of trial, the IRS had not obtained              
          any additional information from Farmers as to this amount.                  
                                     Discussion                                       
          Unemployment Compensation                                                   
               Under section 61(a)(1), “gross income” means all income from           
          whatever source derived.  The general rule of section 85 is that,           
          “In the case of an individual, gross income includes unemployment           
          compensation.”  Sec. 85(a).  “Unemployment compensation” means              
          “any amount received under a law of the United States or of a               
          State which is in the nature of unemployment compensation.”  Sec.           
          85(b).                                                                      
               Petitioner does not dispute that he received unemployment              
          compensation during 2002.  Petitioner argued at trial that he did           
          not report the unemployment compensation because an IRS worksheet           
          said that it was not taxable.  Petitioner’s posttrial                       
          “clarification” memorandum argues that he did not report the                
          unemployment compensation because his “income from the Texas                






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011