Joseph J. and Lillian A. Gajda - Page 5

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          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.                          




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