This certainly puts the
Treasury Regulations that interprets the IRC statutes in a different
light.
Code of Federal Regulations
From the U.S. Government Printing Office via GPO Access
Sec. 1.61-1 Gross income.
(a) General definition.
[statutory] Gross income
means all [return
on investment]
income from whatever [investment] source derived,
unless excluded by law.
Gross income includes [return
on investment]
income realized in any form, whether in money, property, or services.
[return
on investment]
Income may be realized, therefore, in the form of services, meals,
accommodations, stock, or other property, as well as in cash.
Section 61 lists the more common items of [generic] gross income for
purposes of illustration. For purposes of further illustration, Sec.
1.61-14 mentions several miscellaneous items of [generic] gross income not
listed specifically in section 61. Gross income,
however, is not limited to the items [of generic income] so
enumerated.
(b) Cross references.
Cross references to other provisions of the Code are to be found
throughout the regulations under section 61.
The purpose of these cross references is to direct attention to the
more common items [of generic income]
which are included in or excluded from [statutory] gross income
entirely, or treated in some special manner.
To the extent that another section of the Code or of the regulations
thereunder, provides specific treatment for any item of [generic] income, such other
provision shall apply notwithstanding section 61 and the regulations
thereunder.
The cross references do not cover all possible items [of generic income].
(1) For examples of items [of generic income]
specifically included in [statutory] gross income,
see Part II (section 71 and following), Subchapter B, Chapter 1
of the Code.
(2) For examples of items [of generic income]
specifically excluded from [statutory] gross income,
see part III (section 101 and following), Subchapter B, Chapter 1 of
the Code.
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Law MUST be specific.
Do you see compensation for services included in statutory gross income
under this regulation? I don't.
Compensation for services
has its own regulation.
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