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Gross income in United States tax law is receipts and gains from all sources. Gross income is the starting point for determining Federal and state income tax of individuals, corporations, estates and trusts, whether resident or nonresident.〔Resident individuals and corporations are allowed tax deductions. Nonresident individuals and corporations are allowed deductions related to U.S. business income, but otherwise are taxed on gross income.〕 "Except as otherwise provided" by law, Gross income means "all income from whatever source," and is not limited to cash received. However, tax regulations expand on this and say "all income from whatever source derived, unless excluded by law." The amount of income recognized is generally the value received or which the taxpayer has a right to receive. Certain types of income are specifically excluded from gross income. The time at which gross income becomes taxable is determined under Federal tax rules, which differ in some cases from financial accounting rules. ==What is income== Individuals, corporations, members of partnerships, estates, trusts, and their beneficiaries ("taxpayers") are subject to Income tax in the United States. The amount on which tax is computed, taxable income, equals gross (income ) less allowable tax deductions. The Internal Revenue Code states that "gross income means all income from whatever source derived," and gives specific examples.〔(26 USC 61 ).〕 The examples are not all inclusive. The term "income" is not defined in the law or regulations. However, a very early Supreme Court case stated, "Income may be defined as the gain derived from capital, from labor, or from both combined, provided it is understood to include profit gained through a sale or conversion of capital assets."〔''Eisner v. Macomber'', 40 S.Ct. 189 (1920). This and later cases adopted the accounting concept of income. For a definition of economic income, see Haig-Simons income. See Willis|Hoffman 2009 chapters 4, and 5 and Pratt & Kulsrud 2009 chapters 5 and 6, cited below, for a discussion of gross income.〕 The Court also held that the amount of gross income on disposition of property is the proceeds less the capital value (cost basis) of the property.〔''Doyle v. Mitchell Bros. Co.'', 38 S.Ct. 467, 247 U.S. 179 (1918).〕 Gross income is not limited to cash received. "It includes income realized in any form, whether money, property, or services."〔(26 CFR 1.61-1(a) ). The courts have rejected arguments by various tax protesters have argued that some types of income are not included in this broad definition. Where property or services are received in exchange for property, use of property, services, or use of money, the fair market value of the property or services received is included in gross income. See, (26 CFR 1.61-6 ), (26 CFR 1.1001-1 ), (26 CFR 1.61-2(d)(1) ). For examples, see, ''e.g.'', Rev. Rul. 79-24, 1979 1 C.B. 60.〕 Following are some of the things that are included in income: *Wages, fees for services, tips, and similar income. It is well established that income from personal services must be included in the gross income of the person who performs the services. Mere assignment of the income does not shift the liability for the tax.〔(26 CFR 1.61-2 ). See, ''e.g.'', ''Lucas v. Earl'', 50 S. Ct. 241, in which Mr. Earl's income that he assigned to his wife was taxed to him. In four community property states, however, income is considered jointly eared by a husband and wife. See Willis|Hoffman 2009 page 4-18 ''et seq''.〕 *Interest received,〔(26 CFR 1.61-7 ).〕 as well as imputed interest on below market and gift loans.〔See (26 USC 7872 ), Willis|Hoffman 2009 page 4-23 ''et seq''. regarding imputed interest.〕 *Dividends, including capital gain distributions, from corporations.〔(26 CFR 1.61-9 ). Not all distributions from corporations to shareholders are taxable as dividends. Distributions in excess of ''earnings and profits'' as well as distributions in complete termination of a shareholder's interest are treated as proceeds on disposition of the shares. See (26 USC 316 ) and (26 USC 302 ).〕 *Gross profit from sale of inventory. The sales price, net of discounts, less cost of goods sold is included in income.〔(26 CFR 1.61-6 ).〕 *Gains on disposition of other property. Gain is measured as the excess of proceeds over the taxpayer's adjusted basis in the property.〔26 CFR 1.61-6, ''supra''.〕 Losses from property may be allowed as tax deductions.〔(26 USC 165 ).〕 *Rents and royalties from use of tangible or intangible property.〔(26 CFR 1.61-8 ).〕 The full amount of rent or royalty is included in income, and expenses incurred to produce this income may be allowed as tax deductions.〔For such deductions, see (26 USC 212 ).〕 *Alimony and separate maintenance payments.〔(26 CFR 1.61-10 ).〕 *Pensions,〔(26 CFR 1.61-11 ).〕 annuities,〔(26 USC 72 ), (26 USC 402 ), (26 USC 403 ), and regulations thereunder.〕 and income from life insurance or endowment contracts.〔Certain amounts received from some types of retirement accounts constitute income only when basis in the account has been recovered. For an overview, see IRS Publication 17, Chapter 10.〕 *Distributive share of partnership income〔(26 USC 702 )〕 or pro rata share of income of an S corporation.〔(26 USC 1366 ).〕 *State and local income tax refunds, to the extent previously deducted. Note that these are generally excluded from gross income for state and local income tax purposes. *Any other income from whatever source. Even income from crimes is taxable and ''must'' be reported, as failure to do so is a crime in itself.〔''Rutkin v. United States'', ; James v. United States, 366 U.S. 213 (1961).〕 Gifts and inheritances are not considered income to the recipient under U.S. law.〔(26 USC 102 ).〕 However, gift or estate tax may be imposed on the donor or the estate of the decedent. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Gross income」の詳細全文を読む スポンサード リンク
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