James J. and Linda J. Harford - Page 9

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          purely voluntary and resulted directly from his own                         
          insubordination, and, had he complied with the company's                    
          cancellation of leave policy, he would have avoided a                       
          confrontation with his supervisor and ultimately the company.               
          The lump-sum payment thus appears to be severance pay rather than           
          a payment for personal injury, and severance pay, like the pay it           
          replaces, is taxable as income.  See Brennan v. Commissioner,               
          T.C. Memo. 1997-317.                                                        
               Even if the Court were to conclude that IBM paid petitioner            
          husband the $24,060.44 in settlement of a possible claim for                
          wrongful termination from IBM, the amount of lost wages received            
          in such a situation is generally not linked to any personal                 
          injury, and, thus, such an award would not qualify for the                  
          exclusion from gross income provided in section 104(a)(2).                  
          Commissioner v. Schleier, supra at 330.                                     
               The Court recognizes that mental distress may suffice as a             
          personal injury or sickness under the law applicable to the                 
          taxable year in issue, id. at 329 n.4; however, petitioners have            
          failed to show that any inconvenience or stress experienced by              
          petitioner husband as a result of his resignation from IBM                  
          constituted a personal injury or sickness.  There is no evidence            
          that petitioner husband's distress, if any, manifested itself as            
          physical symptoms, required him to seek medical help, or                    
          incapacitated him in any manner.                                            





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