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.]

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