- 6 - leave of absence under I.T.O. II". For the year 1992 petitioner received a Form W-2 from IBM showing wages of $93,509.68 and Federal income tax withheld of $17,059.64. Petitioner also received a Form W-2 from Nova University showing wages of $1,920 and Federal income tax withheld of $133.02 for that year. On his Form 1040, petitioner reported wages of $42,002.16 ($40,082.16 from IBM and $1,920 from Nova). He did not report the ITO payment of $53,427.52. He attached a Form 8275 Disclosure Statement to his 1992 return, asserting that the ITO payment was excludable under section 104(a)(2) as a payment received in exchange for the release and settlement of tort-type rights. Petitioner reported Schedule C net business income of $2,339.67. He completed Schedule A--Itemized Deductions, incorrectly stating the total of $983.84, $6,044.99, and $1,027.31 as $8,219.96, instead of $8,056.14. Petitioner calculated a self-employment tax of $330.58 and a self-employment tax deduction of $165.29. Respondent determined that the ITO payment was fully taxable severance pay. Respondent increased petitioner's income as follows: Item Amount Wages-IBM/Nova 1$53,428 Self-Employment Tax Deduction 165 Itemized Deductions 164 1This figure pertains only to the IBM ITO payment; the income from Nova was included inPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011