Jesse F. Webb - Page 6

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          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 in                          




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