- 5 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007