Jacqueline Medina - Page 3

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               Respondent determined a deficiency of $20,511 in                       
          petitioner’s Federal income tax for 2000 and an accuracy-related            
          penalty of $4,102 under section 6662(a).  After concessions,2 the           
          issues for decision to be entered are:                                      
               (1) Whether $58,000 of the amount that petitioner received             
          from settlement of a lawsuit is excludable from her gross income            
          under section 104(a)(2).  We hold it is not excludable.                     
               (2) Whether petitioner is liable for an accuracy-related               
          penalty under section 6662(a).  We hold she is not liable.                  
               Some of the facts have been stipulated and are so found.               
          The stipulated facts and the accompanying exhibits are                      
          incorporated into our findings by this reference. Petitioner                
          resided in Pomona, New York at the time she filed the petition in           
          this case.                                                                  
                                     Background                                       
          Work and Pregnancy                                                          
               Petitioner began work with Liberty Travel, Inc. (Liberty),             
          as a clerical worker on February 2, 1996, and was promoted to               
          operations supervisor within 2 months at an increased rate of               




               2Respondent concedes petitioner is not liable for the self-            
          employment tax included in the notice of deficiency.  Respondent            
          also concedes that, assuming we find that the $58,000 amount is             
          not excludable, petitioner is entitled to an itemized deduction             
          of $20,000 for legal expenses, subject under sec. 67(a) to the              
          2-percent floor.                                                            




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