- 5 - $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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007