This chapter discusses various types of gross income that are taxable under the US tax code. It covers 15 common items that are included in gross income, such as compensation, business income, interest, rents and royalties. It also examines specific types of income in more detail such as prizes and awards, scholarships, below-market interest loans, rental income, and alimony. The chapter provides examples and explanations of the tax treatment for each type of income.

1. Chapter 4
Gross Income
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2. Chapter 4 Exhibits
1. Constructive Receipt Doctrine
2. Community Property Income
3. Items Included in Gross Income
4. Compensation vs. Gift
5. Prizes and Awards
6. Employee Achievement Awards
7. Scholarships and Fellowships
8. Business Income
9. Below-Market Interest Loans—Types of Loans
Chapter 4, Exhibit Contents A CCH Federal Taxation Basic Principles 2 of 31

3. Chapter 4 Exhibits
10. Below-Market Interest Loans—Tax Effect
11. Rental Income
12. Tenant Improvements
13. Dividend Income
14. Alimony—Post-1984 Agreements
15. Alimony and Child Support (Post-1984 Divorces)
16. Alimony Recapture
17. Discharge of Debt
18. Discharge of Debt—Bankruptcy
Chapter 4, Exhibit Contents B CCH Federal Taxation Basic Principles 3 of 31

4. Constructive Receipt Doctrine
“When is income taxable?”
 Generally, any compensation granted to an individual to
which the individual has an absolute right is regarded
as constructively received income.
Chapter 4, Exhibit 1 CCH Federal Taxation Basic Principles 4 of 31

5. Community Property Income
 Property acquired after marriage is community property.
 Income from community property is community income
 Property acquired before marriage remains separate property.
 What happens to income from separate property?
Chapter 4, Exhibit 2a CCH Federal Taxation Basic Principles 5 of 31

6. Community Property Income
 CA Rule – Income from separate property remains separate.
Applies to California, Arizona, Nevada, New
Mexico, Washington and Wisconsin.
 TX Rule - Income from separate property is community
income. Therefore, if spouses filed separate
returns, the income would be shared between them.
Applies to Texas, Idaho and Louisiana.
Chapter 4, Exhibit 2b CCH Federal Taxation Basic Principles 6 of 31

7. Items Included in Gross Income
Code Sec. 61(a) lists 15 items that generally must be included in gross income:
 Compensation for services,  Annuities
including fees, commissions, fringe  Income from life insurance and
benefits, and similar items endowment contracts
 Gross income derived from business  Pensions
 Gain derived from dealings in  Income from discharge of
property indebtedness
 Interest  Distributive share of partnership
 Rents gross income
 Royalties  Income in respect of a decedent
 Dividends  Income from an interest in an estate
 Alimony and separate maintenance or trust
payments
Special circumstances may result in the exclusion or deferral of any of these items.
Chapter 4, Exhibit 3 CCH Federal Taxation Basic Principles 7 of 31

8. Compensation vs. Gift
The facts and circumstances dictate whether something received is
taxable compensation or a tax-free gift
 Compensation is generally included in gross income.
 Gifts are generally excluded from gross income.
Example
FACTS: Grandma offers 16-year-old Billy $10,000 if he quits smoking and playing pinball over the next
five years. He does, and upon attaining the age of 21, she pays him $10,000.
QUESTION: Is the $10,000 received by Billy taxable income or a gift?
SOLUTION: The $10,000 is taxable income since there were strings attached.
Chapter 4, Exhibit 4 CCH Federal Taxation Basic Principles 8 of 31

9. Prizes and Awards
Prizes and awards are generally taxable based on fair market value at time
of receipt.
However, if ALL of the following 4 conditions occur, then they are
excludable :
1. Connected with the fields of science, charity, or the arts
2. Involuntary selection process (i.e., through no effort of recipient)
3. No future services required of recipient
4. Assigned to a governmental agency or tax-exempt charitable
organization (rather than constructively received).
Chapter 4, Exhibit 5a CCH Federal Taxation Basic Principles 9 of 31

10. Prizes and Awards
Example
FACTS: Mother Tanesha, a U.S. citizen, is awarded the Nobel Peace Prize, which includes a
$500,000 cash award. The award was unsolicited and no future services were required of
Mother Tanesha. Furthermore, she endorsed the check over to the Sisters of Charity, a
qualified tax-exempt charity, rather than depositing it in her bank account.
QUESTION: Does Mother Tanesha have taxable income?
SOLUTION: YES! She constructively received the $500,000 when she endorsed the check
over to the charity. By endorsing the check, she exercised dominion and control over the
money, even though she did not deposit it. She could have avoided taxable income if she
had directed the Nobel Committee to pay the Sisters of Charity directly.
Chapter 4, Exhibit 5b CCH Federal Taxation Basic Principles 10 of 31

11. Employee Achievement Awards
 Employee achievement awards are generally taxable, except that the
value of awards for length of service or safety achievement delivered
at a “meaningful presentation” are excluded up to
1. $400 if the plan is non-qualified (i.e., discriminates in favor of
highly paid employees), or
2. $1,600 if the plan is qualified (i.e., does not discriminate in favor
of highly paid employees).
(If an employee receives both qualified and nonqualified awards, then
the overall exclusion may not exceed $1,600.)
Chapter 4, Exhibit 6 CCH Federal Taxation Basic Principles 11 of 31

12. Scholarships and Fellowships
The value of scholarships or fellowships are generally taxable, but may be
excluded if they are:
1. To a degreed candidate attending an educational institution
2. For tuition and course related material (not room and board)
3. As a result of academic achievement, and not connected with
services provided.
Example: A “scholarship” received by a beauty queen for winning the
Miss Georgia Peanut contest would actually be a taxable award for
services rendered, even if she were a degreed candidate and the money
was spent on tuition. It would really be compensation disguised as a
scholarship.
Chapter 4, Exhibit 7 CCH Federal Taxation Basic Principles 12 of 31

13. Business Income
 Sole proprietor
 Include all business income (less cost of goods sold) in
gross income.
 Partnerships and S corps
 Partnerships and S corps are not taxed, but their taxable
income is taxed to individual partners and shareholders.
 Partners and shareholders must include their proportionate
share of business income in their gross income, regardless
of whether or not the income was distributed.
Chapter 4, Exhibit 8 CCH Federal Taxation Basic Principles 13 of 31

14. Below-Market Interest Loans—Types of Loans
What types of loans are subject to imputed interest calculations?
All of the following loans are subject to imputed interest:
 Gift loans (made out of love or generosity). Note that the “gift” is NOT the principal
portion of the loan, rather, the amount of interest that is below market.
 Compensation-related loans (employer loans to employees)
 Corporation-shareholder loans (a corporation’s loans to ANY of its shareholders)
If all of the following apply:
 Interest charged is less than the applicable federal rate (AFR)
 Sum of all loans between lender and borrower exceeds $10,000
 The loan was made after June 7, 1984
Chapter 4, Exhibit 9 CCH Federal Taxation Basic Principles 14 of 31

15. Below-Market Interest Loans—Tax Effect
The two steps for each of the three below-market interest
loans are not easy to conceptualize. See if this makes sense:
 Step 1: “Pretend” that the borrower has “paid” the
imputed interest to the lender as an interest payment.
 Step 2: “Pretend” that the lender has returned the
imputed interest back to the borrower as either a gift,
compensation, or a dividend.
Chapter 4, Exhibit 10a CCH Federal Taxation Basic Principles 15 of 31

16. Below-Market Interest Loans—Tax Effect
What is the tax effect of imputed interest on below-market loans?
Type of Loan Step Lender Borrower
Gift Loan Step 1: Interest income. Interest expense.
Step 2: Nondeductible gift, possibly subject Tax-free gift received.
to gift tax.
Compensation Step 1: Interest income. Interest expense.
-related Loan Step 2: Compensation expense. Compensation income.
Corporation to Step 1: Interest income. Interest expense.
Shareholder Step 2: Nondeductible dividend deemed paid. Dividend income.
Loan
Chapter 4, Exhibit 10b CCH Federal Taxation Basic Principles 16 of 31

17. Rental Income
 Tax Effect on Landlord: ALL rent received is taxable income,
including future years’ rent received in advance
 Tax Effect on Tenant with a Business Lease: If rent is paid in advance,
no deduction for rent expense is allowed until the year the payment is
due.
Example
FACTS: Tenant pays Landlord $10,000, covering the first and last year’s rent.
QUESTION: What is the tax effect on Landlord and Tenant?
SOLUTION: $10,000 taxable income to Landlord; $5,000 deduction to Tenant.
Chapter 4, Exhibit 11 CCH Federal Taxation Basic Principles 17 of 31

18. Tenant Improvements
When are tenant improvements taxable to cash-basis landlords?
1. If in lieu of rent (or if repairs paid for by lessee are the
responsibility of the lessor): lessor has rental income to the extent
of the market value of the improvements.
2. If NOT in lieu of rent: Not taxable.
When the property is sold, the improvements will be taxed assuming
they add value that results in a higher sales price.
Chapter 4, Exhibit 12 CCH Federal Taxation Basic Principles 18 of 31

19. Dividend Income
 The term “dividend” means any distribution of property
made by a corporation to its shareholders out of its
earnings and profits.
 There are two common types of dividends:
 Cash Dividends – taxable.
 Stock Dividends – generally not taxable. There are 5
exceptions to this rule. If a stock dividend meets one
or more of these exceptions, it is taxable.
Chapter 4, Exhibit 13 CCH Federal Taxation Basic Principles 19 of 31

20. Alimony—Post-1984 Agreements
Payments under instruments executed after December 31,
1984, that meet the following requirements are deductible
as alimony:
 Payments must be made in cash
 Payments must be made under a divorce or separation
instrument
 Parties must live in separate households after a
divorce or separation decree is entered
 Alimony must end at the payee’s death
 Parties involved may not file a joint return
Chapter 4, Exhibit 14 CCH Federal Taxation Basic Principles 20 of 31

21. Alimony and Child Support
(Post-1984 Divorces)
What is the tax treatment for alimony and child support?
Alimony Child Support
Taxable to Payee? Yes No
Deductible to Payor? Yes (“for” AGI) No
Chapter 4, Exhibit 15 CCH Federal Taxation Basic Principles 21 of 31

22. Alimony Recapture
 Alimony is required to be recaptured if:
1) Payments made in the 2nd post-separation year exceed
payments in the 3rd post-separation year by more than
$15,000 and/or
2) Payments made in the 1st post-separation year exceed the
average payments made in the 2nd and 3rd post-separation
years by more than $15,000.
Chapter 4, Exhibit 16a CCH Federal Taxation Basic Principles 22 of 31

23. Alimony Recapture
Step 1: Year 2 Recapture
Year 2 Payment
Less Year 3 Payment
= Excess Payment
Less $15,000
= Amount subject to recapture for Year 2
Chapter 4, Exhibit 16b CCH Federal Taxation Basic Principles 23 of 31

24. Alimony Recapture
Step 2: Year 1 Recapture
Year 1 Payment
Less (Year 2 Payment - Year 2 Recapture + Year 3 Payment) / 2
= Excess Payment
Less $15,000
= Amount subject to recapture for Year 1
Chapter 4, Exhibit 16c CCH Federal Taxation Basic Principles 24 of 31

25. Alimony Recapture
Step 3: Total recapture
 The total amount subject to recapture equals Year 2
recapture plus Year 1 recapture.
 The amount recaptured is included in the payor’s income and
allowed as a deduction from the payee’s income in Year 3.
Chapter 4, Exhibit 16d CCH Federal Taxation Basic Principles 25 of 31

26. Alimony Recapture
Example:
Bob makes the following alimony payments to Mary:
Year 1 - $70,000
Year 2 - $40,000
Year 3 - $20,000
Chapter 4, Exhibit 16e CCH Federal Taxation Basic Principles 26 of 31

27. Alimony Recapture
Step 1: Year 2 Recapture
$40,000 (Year 2)
- $20,000 (Year 3)
= $20,000 (excess)
- $15,000
= $5,000
Chapter 4, Exhibit 16f CCH Federal Taxation Basic Principles 27 of 31

28. Alimony Recapture
Step 2: Year 1 Recapture
$70,000
- $27,500 (40,000 – 5,000 + 20,000)/2
= $42,500
- $15,000
= $27,500
Step 3: Total Recapture
$5,000 + $27,500 = $32,500
Chapter 4, Exhibit 16g CCH Federal Taxation Basic Principles 28 of 31

29. Alimony Recapture
Tax Effects of Alimony Payments and Recapture
Bob Mary
Year 1 ($70,000) deduction $70,000 income
Year 2 ($40,000) deduction $40,0000 income
($20,000) deduction $20,000 income
$32,500 recapture ($32,500) recapture
Year 3 $12,500 income ($12,500) deduction
Chapter 4, Exhibit 16h CCH Federal Taxation Basic Principles 29 of 31

30. Discharge of Debt
 Forgiveness of debt is generally includable in gross income.
There are 2 exceptions in which taxes on a forgiveness of debt are
deferred (i.e. excluded from gross income):
1. The debt is discharged in a Chapter 11 bankruptcy filing.
The amount of debt discharged reduces certain tax attributes that
otherwise could have provided a tax benefit in the future.
2. The borrower is insolvent outside of bankruptcy
(i.e., Liabilities > FMV of assets immediately prior to discharge)
However, the amount excluded from gross income cannot exceed the
amount by which the taxpayer is
insolvent.
Chapter 4, Exhibit 17 CCH Federal Taxation Basic Principles 30 of 31

31. Discharge of Debt—Bankruptcy
Offsetting reduction of tax attributes. As a price for the deferral
(exclusion from gross income), the Code requires that the amount deferred
be applied to reduce seven tax attributes in the order listed below. However,
the Code offers a special election to first reduce the tax basis of
depreciable property or real property held as inventory.
1. Net operating losses and loss carryovers
2. General business credits under Code Sec. 38
3. Minimum tax credits under Code Sec. 53
4. Net capital loss and loss carryovers
5. Basis of depreciable assets or nondepreciable real assets held
as inventory
6. Passive activity losses
7. Foreign tax credit carryovers under Code Sec. 27
Chapter 4, Exhibit 18 CCH Federal Taxation Basic Principles 31 of 31