LEGAL
DISCLAIMER I am not a Tax Lawyer, Nor do I play Dan Evans on the internet. I am not a Certified Public Accountant, Nor do I play Paul Thomas on the internet. I am not an Enrolled Agent, Nor do I play Richard Macdonald on the internet. DO NOT TAKE MY WORD FOR ANYTHING ON THIS PAGE. Go look it up for yourself. |
Esenter challenges me. |
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Picking
one specific thing out of your sentence: Code Section 861 ... only apply if there is another section of the Code that requires you to determine either your gross income or your taxable income from a specific source or sources. A burger flipper, who only flips burgers in the U.S. is our target of examination to test your assertion re: IRC 861. BF, our burger flipper, is paid by ABC (American Burger Charbroil) for his labor flipping burgers in an ABC restaurant. Q1. Is this gross payment for flipping burgers "income"? Yes or no? Q2. If you answer yes to Q1, is this "income" dictionary defined income? or constitutionally defined income. Yes or no? Q3. If you answer yes to Q1, is this "income" constitutionally defined income? Yes or no? Google Archive |
Since the SC
includes the 'gain
derived from labor' in the definition of income, yes, yes, and
yes. Google Archive |
Q4.
Please cite the statute or regulation that supports your answer to Q1. Q5. Please cite the statute or regulation that supports your answer to Q2. Q6. Please cite the statute or regulation that supports your answer to Q3. Google Archive |
Section 61(a)(1)
- gross income is all income from whatever source, including but not
limited to compensation for services... Google Archive |
I set up this scenario: A burger flipper, who only flips burgers in the U.S. is our target of examination to test your assertion re: IRC 861. BF, our burger flipper, is paid by ABC (American Burger Charbroil) for his labor flipping burgers in an ABC restaurant. I asked this question: Q1. Is this gross payment for flipping burgers "income"? Yes or no? You replied: "Yes." I asked this question: Q4. Please cite the statute or regulation that supports your answer to Q1. You replied: "Section 61(a)(1) - gross income is all income from whatever source, including but not limited to compensation for services..." This citation is INCORRECT. The proper wording is: Except as otherwise provided in
this subtitle, gross income means all income from whatever
source derived,
including (but not
limited to) the following
items: (1) Compensation for services, including fees, commissions,
fringe benefits, and similar items;
citeI have dimmed the words that are of no consequence. I have highlighted the word of importance. Q7. Did you correctly cite section 61(a)(1) when you left out the key word "DERIVED"? Google Archive |
Qx. Does the cited section state that "income is compensation for labor or services"? Your citation of Section 61(a)(1) DOES NOT PROVE that gross payment for flipping burgers is "INCOME". Google Archive |
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