Larry J. and Catherine E. France - Page 10

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               B.   Discussion10                                                      
                    1.   Gross income                                                 
               Section 61 provides that “gross income means all income from           
          whatever source derived”.  Gross income is an inclusive term with           
          broad scope, designed by Congress to “exert * * * ‘the full                 
          measure of its taxing power.’”  Commissioner v. Glenshaw Glass              
          Co., 348 U.S. 426, 429 (1955) (quoting Helvering v. Clifford, 309           
          U.S. 331, 334 (1940)).  Annuities and pensions are enumerated               
          among the items of income included under section 61.  Sec.                  
          61(a)(9), (11).                                                             
               Statutory exclusions from income are matters of legislative            
          grace and are narrowly construed.  Commissioner v. Schleier, 515            
          U.S. 323, 328 (1995); Mostowy v. United States, 966 F.2d 668, 671           
          (Fed. Cir. 1992).  Further, “exemptions from taxation are not to            
          be implied; they must be unambiguously proved.”  United States v.           
          Wells Fargo Bank, 485 U.S. 351, 354 (1988).  Taxpayers seeking an           
          exclusion from 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).                                                                     
               Petitioner’s primary argument is that the ERS payments are             
          excludable from gross income because they are “disability”                  


               10   Because the Court decides the issues in this case                 
          without regard to the burden of proof, sec. 7491 is inapplicable.           





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