-4- Discussion The Commissioner’s determinations are presumed correct, and taxpayers generally bear the burden of proving otherwise. Welch v. Helvering, 290 U.S. 111, 115 (1933). Petitioners did not argue that section 7491 is applicable in this case, nor did they establish that the burden of proof should shift to the respondent. Moreover, the issue involved in this case, inclusion of items in gross income, is a legal one to be decided on the record without regard to the burden of proof. Petitioners, therefore, bear the burden of proving that respondent’s determination in the notice of deficiency is erroneous. See Rule 142(a); Welch v. Helvering, supra at 115. Section 61(a) provides that gross income means all income from whatever source derived, including “Interest” and “Income from life insurance.” Sec. 61(a)(4), (10). The sole exception to the inclusion of income from life insurance lies in section 101, which specifically excludes from gross income amounts received “under a life insurance contract, if such amounts are paid by reason of the death of the insured.” Sec. 101(a)(1). Section 72(a) provides that gross income includes any amount received as an annuity under a life insurance contract. Given these statutory predicates, there is no authority upon which we may declare the distributions at issue in this case exempt from inclusion in gross income and accordingly, exempt from taxation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007