Nancy L. and Gerald L. Harper - Page 6




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          petitioners’ 2003 gross income on the grounds that they never               
          received any payments (“checks”) from Primerica during the year             
          at issue, and because she ended her affiliation with Primerica              
          “in late 2002,” the monthly figures for 2003 submitted to her and           
          respondent by Primerica had to have been falsified.                         
                                     Discussion                                       
               The determinations of the Commissioner in a notice of                  
          deficiency are presumed correct, and the burden is on the                   
          taxpayer to prove that the determinations are in error.  Rule               
          142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).  As the               
          issue in this case is legal, that is, whether income generated by           
          petitioner wife’s commission account is includable in                       
          petitioners’ gross income, we decide this case without                      
          consideration of the burden of proof.  Sec. 7491.                           
               The first issue presented in this case is whether Mrs.                 
          Harper earned income based on commissions that were not paid                
          directly to her “in a check” but, rather, were diverted or                  
          applied to offset a negative balance in her commission account.             
               Section 61(a)(1) provides that gross income includes “all              
          income from whatever source derived, including (but not limited             
          to) * * * Compensation for services, including fees, commissions,           
          fringe benefits, and similar items”, unless otherwise provided.             
          The Supreme Court has consistently given this definition of gross           
          income a liberal construction “in recognition of the intention of           







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