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are, therefore, adequate to sustain the Court’s jurisdiction
herein.
Petitioner’s argument that his compensation and retirement
payments constituted a nontaxable return of human capital is
directly refuted by the requirement, under section 61, to include
those amounts in gross income and by numerous cases affirming the
intent of that section to reach any and all income from whatever
source derived unless specifically exempted. See, e.g.,
Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429-430 (1955).
We sustain all of respondent’s nonconceded inclusions in
petitioner’s income for 1998 and 1999.9
9 On the Forms 1040 petitioner submitted to the IRS for all
of the years at issue, petitioner claimed a filing status of
“single”. For 1998 and 1999, however, respondent assumed
petitioner’s filing status to be “married filing separately”, and
in determining deficiencies for those years, he allowed the
standard deduction applicable to taxpayers with that filing
status. On brief, petitioner does not dispute respondent’s
“married filing separately” classification for him for 1998 and
1999. Nor does he allege that he reached age 65 during any of
the years in issue. Therefore, in computing, under Rule 155, the
deficiencies and penalties imposed herein, respondent may
attribute to petitioner a 1998 and 1999 filing status of “married
filing separately”. Also, respondent may assume, for all years
at issue, that petitioner did not attain age 65 and, therefore,
was not entitled to an additional standard deduction under sec.
63(f)(1)(A). Thus, for 1998 and 1999, petitioner is entitled to
the basic standard deduction provided, under secs. 63(c)(2)(D)
and 62(c)(4), to “married filing separately” taxpayers, and, for
2001 and 2002, to the basic standard deduction provided, under
secs. 63(c)(2)(C) and 62(c)(4), to “single” taxpayers.
Petitioner’s filing status is also potentially relevant in
determining whether he is required to file returns for the years
at issue. See infra discussion.
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