TITLE 26
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Subtitle A
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CHAPTER
1 >
Subchapter B >
PART I
> Sec. 61.
Sec. 61. - Gross
income defined(a) General definition
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;
(2) Gross
income derived from business;
(3) Gains
derived from dealings in property;
(4) Interest;
(5) Rents;
(6) Royalties;
(7) Dividends;
(8) Alimony
and separate maintenance payments;
(9) Annuities;
(10) Income
from life insurance and endowment contracts;
(11) Pensions;
(12) Income
from discharge of indebtedness;
(13) Distributive
share of partnership gross income;
(14) Income
in respect of a decedent; and
(15) Income
from an interest in an estate or trust.
(b) Cross references For items specifically included in gross income,
see part II (sec. 71 and following). For items specifically excluded from
gross income, see part III (sec. 101 and following)
5 U.S.C. §8501(4): "Compensation"
TITLE 5 >
PART III >
Subpart G >
CHAPTER 85 >
SUBCHAPTER I > § 8501
§ 8501. Definitions
For the purpose of this subchapter—
(4) “compensation”
means cash benefits payable to an individual with respect to his unemployment
including any portion thereof payable with respect to dependents;
26 CFR Sec. 31.3231(e)-1 Compensation.
(a) DEFINITION.
(1) The term compensation has the same meaning as the term wages
in section 3121(a), determined without regard to section 3121(b)(9),
except as specifically limited by the Railroad Retirement Tax Act
(chapter 22 of the Internal Revenue Code) or regulation. The Commissioner
may provide any additional guidance that may be necessary or appropriate
in applying the definitions of sections 3121(a) and 3231(e).
(2) A payment made by an employer
to an individual through the employer's payroll is presumed, in
the absence of evidence to the contrary, to be compensation for
services rendered as an
employee
of the employer. Likewise, a payment
made by an employee organization to an employee representative through
the organization's payroll is presumed, in the absence of evidence
to the contrary, to be compensation for services rendered by the
employee representative as such. For rules regarding the treatment
of deductions by an employer from remuneration of an employee, see
section 31.3123-1.
(3) The term compensation is not confined
to amounts paid for active service, but includes amounts paid for
an identifiable period during which the employee is absent from
the active service of the employer and, in the case of an employee
representative, amounts paid for an identifiable period during which
the employee representative is absent from the active service of
the employee organization.
(4) Compensation includes amounts
paid to an employee for loss of earnings during an identifiable
period as the result of the displacement of the employee to a less
remunerative position or occupation as well as pay for time lost.
(5) For rules regarding the treatment of reimbursement and other
expense allowance amounts, see section 31.3121(a)-3. For rules regarding
the inclusion of fringe benefits in compensation, see section 31.3121(a)-1T.
(b) SPECIAL RULES.
(1) If the amount of compensation earned in any calendar month
by an individual as an employee in the service of a local lodge
or division of a railway-labor-organization employer is less than
$25, the amount is disregarded for purposes of determining the employee
tax under section 3201 and the employer tax under section 3221.
(2) Compensation for service as a delegate to a national or international
convention of a railway-labor-organization employer is disregarded
for purposes of determining the employee tax under section 3201
and the employer tax under section 3221 if the individual rendering
the service has not previously rendered service, other than as a
delegate, which may be included in the individual's years of service
for purposes of the Railroad Retirement Act.
(3) For special
provisions relating to the compensation of certain general chairs
or assistant general chairs of a general committee of a railway-labor-organization
employer, see paragraph (c)(3) of section 31.3231(b)-1.
[T.D. 6515, 25 FR 13032, Dec. 20, 1960; 25 FR 14021, Dec. 31, 1960,
as amended by T.D. 7600, 44 FR 15485, Mar. 14, 1979; T.D. 8276, 54 FR
51027, Dec. 12, 1989; T.D. 8324, 55 FR 51696, Dec. 17, 1990; T.D. 8582,
59 FR 66188-66191, Dec. 23, 1994.]