- 19 - 2003. That is because our determination of whether such interest is so includible does not depend upon the resolution of that genuine issue of fact. We conclude that there is no genuine issue of material fact as to whether petitioner was required to withdraw during 2003 all of the respective dividend accumulations under the Prudential policy and the USAA policy in order to have withdrawn during that year the interest at issue.7 Having concluded that there is no genuine issue of material fact with respect to our determination of the second issue presented in petitioner’s motion, namely, whether the interest at issue is includible in petitioner’s gross income for her taxable year 2003, we shall now address that issue. In resolving it, we turn to certain regulations under sections 61 and 451 for guid- ance. As pertinent here, regulations under section 61 provide: § 1.61-7. Interest.--(a) In general. As a gen- eral rule, interest received by or credited to the taxpayer constitutes gross income and is fully taxable. * * * For rules determining the taxable year in which interest, including interest accrued or constructively received, is included in gross income, see section 451 and the regulations thereunder. * * * * * * * * * * 7Respondent maintains that if we were to conclude, as we have, that there is no genuine issue of material fact as to the withdrawal of interest under the policies in question, respondent is entitled to summary judgment on whether the interest at issue under those policies is includible in petitioner’s gross income for her taxable year 2003. In support of that position, respondent relies on certain regulations under secs. 61 and 451 and Cohen v. Commissioner, 39 T.C. 1055 (1963) (discussed below). See infra note 9.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 10, 2007