- 3 - wages reported by the Township are includable in petitioners’ gross income for the year. Discussion Petitioners dispute not the receipt of the contested income, but rather its characterization as taxable compensation. The issue for consideration, therefore, is whether the pay that petitioner received as a JROTC instructor should be treated as including nontaxable military allowances or whether such pay, as argued by respondent, was entirely taxable compensation for services rendered. The Commissioner’s deficiency determinations are presumed correct, and taxpayers generally have the burden of proving these determinations are incorrect. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Under certain circumstances, however, section 7491(a) may shift the burden to the Commissioner with respect to a factual issue affecting liability for tax. The material facts in this case, however, are not in dispute. The case is decided by applying the law to the undisputed facts, and section 7491(a) is inapplicable. Gross income means all income from whatever source derived. Sec. 61(a). Military pay received by members of the Armed Forces is within the scope of section 61(a). See sec. 1.61-2(a)(1), Income Tax Regs. Congress may, if it chooses, specifically exempt certain items from gross income. See Commissioner v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007