- 3 - total of $18,466.72). At the time she executed the agreement, Ms. Ball did not have any pending complaints against Revlon. Petitioners filed in a timely manner their 1994 Federal income tax return. On the return, petitioners: (1) Reported wage income of $8,705.59; (2) attached a Form W-2 which reported that Ms. Ball received $17,411.18 in "wages, tips, other compensation" from Revlon; and (3) attached copies of the separation and release agreement to support their position that one-half (i.e., $8,705.59) of the $17,411.18 reported on the Form W-2 was excludable from gross income pursuant to section 104(a)(2). On November 27, 1996, respondent issued petitioners a notice of deficiency in which respondent determined that petitioners were not entitled to the claimed exclusion. OPINION Section 104(a)(2) excludes from gross income "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". An award of damages may be excluded from gross income only when it is received both: (1) Through prosecution or settlement of an action based upon tort or tort type rights and (2) on account of personal injuries or sickness. Commissioner v. Schleier, 515 U.S. 323, 333-334 (1995). Petitioners did not present any evidence to establish that the agreement settled an action based upon tort type rights. Ms.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011