- 5 - In exchange for signing the release and participating in the ITO II Program, petitioner received a $74,985 lump-sum payment (the payment or ITO payment). The payment was based on years of service and rate of pay. For the year 1992 petitioner received a Form W-2 from IBM showing wages, tips, and other compensation as $128,8142. On May 22, 1995, petitioners filed a 1992 joint Federal income tax return. Petitioners reported the $129,814 as wages, subtracted the $74,985 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); Kovacs v. Commissioner, 100 T.C. 124, 128 (1993), affd. without published opinion 25 F.3d 1048 (6th Cir. 1994). 2 Petitioners received $128,814 from IBM. Petitioners also received $1,000 from another employer. Thus, petitioners reported total wages of $129,814 on their 1992 return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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