- 6 - International, Inc., showing wages of $2,650 and no Federal income tax withheld for that year. On their 1992 joint Federal income tax return, petitioners reported $61,040.31 as wage income (line 7). Petitioners attached to their return a Form 8275 Disclosure Statement asserting that the ITO payment in the amount of $71,809.69 was excludable from their gross income pursuant to section 104(a)(2) "as a payment received in exchange for the release and settlement of tort-type rights, as part of IBM Corp.'s ITO II Program". Respondent determined that petitioners did not establish that any amount was excludable from their gross income pursuant to section 104(a)(2). Consequently, respondent increased petitioners' gross income by $74,131.29 to conform to the amounts reported on petitioner's Forms W-2. Additionally, respondent disallowed itemized deductions in the amount of $966.08 as an automatic adjustment resulting from the increase in petitioners' gross income. Discussion The instant case is another among many in this Court where we have been presented with the issue of whether proceeds received pursuant to IBM's ITO II program are excludable from the recipient's gross income pursuant to section 104(a)(2). See, e.g., Gajda v. Commissioner, T.C. Memo. 1997-345; Lubart v. Commissioner, T.C. Memo. 1997-343; Thorpe v. Commissioner, T.C. Memo. 1997-342; Phillips v. Commissioner, T.C. Memo. 1997-336;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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