- 5 - and therefore had a claim against IBM for age discrimination and emotional distress. In exchange for signing the release and participating in the ITO II Program, petitioner received a $91,690 lump-sum payment (the payment or ITO payment). The payment was based on years of service and rate of pay. For the year 1993 petitioner received a Form W-2 from IBM showing wages, tips, and other compensation as $228,290.3 On April 15, 1994, petitioners filed a 1993 joint Federal income tax return. Petitioners reported the $228,290 as wages, subtracted the $91,690 ITO payment therefrom, and attached a disclosure statement to their return, asserting that the ITO payment is excludable from gross income pursuant to section 104(a)(2) as a payment received in exchange for the release and settlement of tortlike rights. Respondent determined that the ITO payment was fully taxable severance pay. Discussion 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 are narrowly construed. Commissioner v. Schleier, 515 U.S. 323, 328 (1995); 3 On July 2, 1996, petitioners filed an amended return on which they excluded the $91,690 from gross income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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