What is gross income under IRC §61(a)?
Gross income includes all income from whatever source derived unless specifically excluded by law.
All-inclusive definition of income
Everything is income unless Congress provides an exclusion.
Can income be received only in cash?
No, income can be cash, property, services, or other benefits.
Three requirements for recognizing income
Economic benefit, realization, and no exclusion or deferral applies.
Economic benefit definition
An increase in wealth or receiving something of value.
Are loan proceeds income?
No, loans must be repaid so wealth does not increase.
When is income realized?
When an arm’s-length transaction changes the form of property.
Why require realization before taxation?
Allows measurement of income and taxpayer usually has cash to pay tax.
Return of capital principle
Taxpayers are not taxed on recovery of their original investment (basis).
Gain formula
Sale proceeds minus basis equals gain or loss.
If proceeds exceed basis
Taxable gain occurs.
If proceeds are less than basis
A loss occurs.
Three items determining timing of income recognition
Accounting method, constructive receipt, claim of right doctrine.
Cash method accounting
Income recognized when received; expenses deducted when paid.
Accrual method accounting
Income recognized when earned; expenses deducted when incurred.
Constructive receipt doctrine
Income is taxed when available without restriction.
Claim of right doctrine
Income taxable when received without obligation to repay.
Assignment of income doctrine
The person who earns income must pay the tax.
Earned income
Income from labor or services such as salary, tips, and bonuses.
Unearned income
Income from property such as dividends, rents, or interest.
Flow-through income
Entity income taxed directly to owners.
Interest income taxability
Taxable unless specifically excluded (e.g., municipal bond interest).
Qualified dividends tax rate
Preferential rates of 0%, 15%, or 20%.
Rent and royalty income
Taxable income.