- 5 - Participant Amount Leslie $48,858 Mattie 14,300 Charles 53,055 Wayne 40,320 In an informational document provided to the participants, USAA refers to the lump-sum payments as "special transition pay", and advised the participants that all applicable payroll taxes would apply to the payments. USAA reported the above amounts on the participants' respective W-2 wage statements. Except as otherwise provided, gross income includes income from all sources. Sec. 61(a); Commissioner v. Glenshaw Glass Co., 348 U.S. 426 (1955). While section 61(a) is to be broadly construed, statutory exclusions from income must be narrowly construed. Commissioner v. Schleier, 515 U.S. , 115 S. Ct. 2159, 2163 (1995); Kovacs v. Commissioner, 100 T.C. 124, 128 (1993), affd. without published opinion 25 F.3d 1048 (6th Cir. 1994). Under section 104(a)(2), gross income does not include: the amount of any damages received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal injuries or sickness. Section 1.104-1(c), Income Tax Regs, provides: (c) Damages received on account of personal injuries or sickness. * * * The term "damages received (whether by suit or agreement)" means an amount received * * * through prosecution of a legal suit or action based upon tort or tort type rights, orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011