- 9 - received from CMS during 1990 was not taxable because the $20,000 represented payment for: [P]ersonal injuries sustained as a result of the tortious conduct of * * * CMS * * * who knowingly [made] false statements in writing to a U.S. Government official for the purpose of obtaining U.S. Government agency * * * [GNMA] approval of the purchase of a loan servicing portfolio by CMS. The Notice of Deficiency In the notice of deficiency, respondent increased petitioner's taxable income by $20,000, characterizing the payment as "separation pay" and explaining: It is determined * * * that the employment contract separation pay of $20,000 which was included in your Form W-2 from * * * [CMS] was not reported on your tax return. Accordingly, taxable income is increased $20,000 for 1990. Controlling Legal Principles Separation or severance pay, like other forms of compensation for services, is generally includable in the income of the recipient. Sec. 61(a)(1); Brennan v. Commissioner, T.C. Memo. 1997-317; sec. 1.61-2(a)(1), Income Tax Regs. In general, section 104(a)(2) excludes from gross income "the amount of any damages received * * * on account of personal injuries". Only damages that are received: (1) In connection with a claim based upon a tort, or tort type right; and (2) on account of personal injury or sickness, are excludable from the recipient's income. Sec. 104(a)(2); Commissioner v. Schleier, 515 U.S. 323, 337 (1995).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011