26 U.S.C. § 61: Gross income defined

Compensation for services, including fees, commissions, fringe benefits, and similar items; Gross income derived from business; Gains derived from dealings in property; Interest; Rents; Royalties; Dividends; Annuities; Income from life insurance and endowment contracts; Pensions; Income from discharge of indebtedness; Distributive share of partnership gross income; Income in respect of a decedent; and Income from an interest in an estate or trust. 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). any divorce or separation instrument (as defined in section 71(b)(2) of the Internal Revenue Code of 1986 as in effect before the date of the enactment of this Act [ Dec. 22, 2017 ]) executed after December 31, 2018 , and any divorce or separation instrument (as so defined) executed on or before such date and modified after such date if the modification expressly provides that the amendments made by this section apply to such modification.” in final form on or after May 1, 1978 , and on or before December 31, 1983 , or in proposed or final form on or after May 1, 1978 , if such regulation has an effective date on or before December 31, 1983 . For purposes of subsection (a), the term ‘fringe benefit regulation’ means a regulation providing for the inclusion of any fringe benefit in gross income by reason of section 61 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954].” In the case of any transfer of property subject to gift tax made before March 4, 1981 , for purposes of subtitle A of the Internal Revenue Code of 1986 [formerly I.R.C. 1954, 26 U.S.C. 1 et seq.], gross income of the donor shall not include any amount attributable to the donee’s payment of (or agreement to pay) any gift tax imposed with respect to such gift. the tax imposed by chapter 12 of such Code [ 26 U.S.C. 2501 et seq.], and any tax imposed by a State (or the District of Columbia) on transfers by gifts. If refund or credit of any overpayment of tax resulting from subsection (a) is prevented on the date of the enactment of this Act [ July 18, 1984 ] (or at any time within 1 year after such date) by the operation of any law or rule of law (including res judicata), refund or credit of such overpayment (to the extent attributable to subsection (a)) may nevertheless be made or allowed if claim therefor is filed within 1 year after the date of the enactment of this Act.” “This Act may be cited as the ‘Payment-in-Kind Tax Treatment Act of 1983’. a qualified taxpayer shall not be treated as having realized income when he receives a commodity under a 1983 payment-in-kind program, such commodity shall be treated as if it were produced by such taxpayer, and the unadjusted basis of such commodity in the hands of such taxpayer shall be zero. This section shall apply to taxable years ending after December 31, 1982 , but only with respect to commodities received for the 1983 crop year. such land shall be treated as used during the 1983 crop year by the qualified taxpayer in the active conduct of the trade or business of farming, and any qualified taxpayer who materially participates in the diversion and devotion to conservation uses required under a 1983 payment-in-kind program shall be treated as materially participating in the operation of such land during such crop year. section 2032A of the Internal Revenue Code of 1986 (relating to valuation of certain farm, etc., real property), section 6166 of such Code (relating to extension of time for payment of estate tax where estate consists largely of interest in closely held business), chapter 2 of such Code (relating to tax on self-employment income), and title II of the Social Security Act [ 42 U.S.C. 401 et seq.] (relating to Federal old-age, survivors, and disability insurance benefits). In the case of any person, sections 2 and 3 of this Act shall not apply with respect to any land acquired by such person after February 23, 1983 , unless such land was acquired in a qualified acquisition. by reason of the death of a qualified transferor, by reason of a gift from a qualified transferor, or from a qualified transferor who is a member of the family of the person acquiring the land. who held the land on February 23, 1983 , or who acquired the land after February 23, 1983 , in a qualified acquisition. The term ‘member of the family’ has the meaning given such term by section 2032A(e)(2) of the Internal Revenue Code of 1986. Subsection (a) shall not apply to any change in ownership by reason of a mere change in the form of conducting the trade or business so long as the land is retained in such trade or business and the person holding the land before such change retains a direct or indirect 80-percent interest in such land. The acquisition of a direct or indirect interest in 80 percent or more of the crop from any land shall be treated as an acquisition of such land. the diversion of farm acreage from the production of an agricultural commodity, and the devotion of such acreage to conservation uses, and which the Secretary of Agriculture certifies to the Secretary of the Treasury as being described in subparagraph (A). The term ‘1983 crop year’ means the crop year for any crop the planting or harvesting period for which occurs during 1983. The term ‘1984 crop year’ means the crop year for wheat the planting and harvesting period for which occurs during 1984. The term ‘qualified taxpayer’ means any producer of agricultural commodities (within the meaning of the 1983 payment-in-kind programs) who receives any agricultural commodity in return for meeting the requirements of clauses (i) and (ii) of paragraph (1)(A). A right to receive (or other constructive receipt of) a commodity shall be treated the same as actual receipt of such commodity. A qualified taxpayer reporting on the cash receipts and disbursements method of accounting shall not be treated as being entitled to receive any amount as reimbursement for storage of commodities received under a 1983 payment-in-kind program until such amount is actually received by the taxpayer. Subsection (a) of section 2 shall apply to the receipt of any commodity under a 1983 payment-in-kind program separately from, and without taking into account, any related transaction or series of transactions involving the satisfaction of loans from the Commodity Credit Corporation. any reference in this Act to the 1983 crop year shall include a reference to the 1984 crop year, and any reference to the 1983 payment-in-kind program shall include a reference to any program for the 1984 year for wheat which meets the requirements of subparagraphs (A) and (B) of subsection (a)(1). The Secretary of the Treasury or his delegate (after consultation with the Secretary of Agriculture) shall prescribe such regulations as may be necessary to carry out the purposes of this Act, including (but not limited to) such regulations as may be necessary to carry out the purposes of this Act where the commodity is received by a cooperative on behalf of the qualified taxpayer.” without regard to Revenue Ruling 73–395, and in the manner in which such sections were applied consistently by the taxpayer to such expenditures before the date of the issuance of such revenue ruling. Any regulations issued after the date of the enactment of this Act [ Oct. 4, 1976 ] which deal with the application of sections 61 (as it relates to cost of goods sold), 162, 174, 263, and 471 of the Internal Revenue Code of 1986 to prepublication expenditures shall apply only with respect to taxable years beginning after the date on which such regulations are issued. For purposes of this section, the term ‘prepublication expenditures’ means expenditures paid or incurred by the taxpayer (in connection with his trade or business of publishing) for the writing, editing, compiling, illustrating, designing, or other development or improvement of a book, teaching aid, or similar product.”