Diana T. Visco - Page 5




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          It is clear from the record that the two checks for backpay and             
          interest on backpay were delivered to petitioner on December 28,            
          1992.  Petitioner took the checks and called the district‘s                 
          attorney and told him she was refusing the checks.  Petitioner              
          then returned the checks to the courier.                                    
               The district mailed petitioner a Form W-2, Wage and Tax                
          Statement, showing taxable income of $138,799.18 and $35,134.61             
          in withholdings for Federal income tax purposes.  Taxable income            
          was based on the following:                                                 
               13 biweekly paychecks of $2,248.46           $29,229.98                
               6/30/92 paycheck                              18,993.88                
               1989-90 salary                                55,634.51                
               1990-91 salary & additional interest         252,874.51                
               Total State wages                          146,732.88                  
               Less:  Payments to Pennsylvania School                                 
                    Employees Retirement System            (7,933.70)                 
               Total taxable wages                        3138,799.18                 
               1At the end of each school year, teachers are given a summer payoff which is a
          total of four biweekly paychecks.                                           
               2This amount consists of $52,349.93 in salary and $524.58 in additional
          interest.                                                                   
               3The $3,195.84 reimbursement for medical and dental benefits not received
          while terminated was not included in the Form W-2 for 1992.                 
          Additionally, petitioner received a $182 State income tax refund            
          and $15 of interest during taxable year 1992.                               
               On April 15, 1993, petitioner filed a Form 4868,                       
          “Application for Automatic Extension of Time to File U.S.                   
          Individual Income Tax Return”.  Petitioner questioned the                   
          accuracy of the Form W-2 that she had received from the district.           
          On the basis of advice received from the Internal Revenue                   





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