Thomas Andrew and Diane Koerner Campbell - Page 6




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          $1,446 payment from the FDIC should have been included in                   
          petitioners’ 2002 gross income and increased petitioners’ taxable           
          income by that amount to reflect the payment.  Petitioners assert           
          the payment, which represents “compensatory damages resulting               
          from the litigation of a constitutional tort (unlawful                      
          demotion)”, is excludable from gross income under section                   
          104(a)(2).                                                                  
                                     Discussion                                       
               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)).  Compensation for services is enumerated             
          among the items of income included under section 61, as is                  
          interest.  Sec. 61(a)(1), (4); secs. 1.61-2(a)(1), 1.61-7(a),               
          Income Tax Regs.                                                            
               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            







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