- 9 - III. Taxability of the Disability Retirement Benefit A. Gross Income Section 61(a) specifies that, “Except as otherwise provided”, gross income includes “all income from whatever source derived”. The construction of section 61 is broad, and any “‘exclusions to income must be narrowly construed.’” Commissioner v. Schleier, 515 U.S. 323, 328 (1995)(quoting United States v. Burke, 504 U.S. 229, 248 (1992)(Souter, J., concurring in judgment)). Taxpayers seeking an exclusion from gross income must demonstrate they are eligible for the exclusion and bring themselves “within the clear scope of the exclusion”. Dobra v. Commissioner, 111 T.C. 339, 349 n.16 (1998). Annuities and pensions are enumerated among the forms of income within the purview of section 61(a). Sec. 61(a)(9), (11). Section 72 elaborates on section 61(a)(9) and (11) by providing specific rules applicable to taxation of, inter alia, annuities and distributions from qualified employer retirement plans. See also sec. 402(a). Section 72(a) reiterates the general rule of inclusion in gross income, unless otherwise provided. Section 72(b),6 however, provides otherwise to the extent of permitting 6 SEC. 72. ANNUITIES; CERTAIN PROCEEDS OF ENDOWMENT AND LIFE INSURANCE CONTRACTS. (b) Exclusion Ratio.-- (1) In general.--Gross income does not (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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