Jose Hernandez - Page 5

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          not report the $22,820.23 on his 1993 Federal income tax return.3           
          In the notice of deficiency, respondent determined that                     
          petitioner should have reported the above amount.                           
               Petitioner’s Year-to-Date Earning Reports for 1989 and 1990            
          (i.e., the City’s employment records) show that no funds were               
          withheld from petitioner’s wages to pay for the long-term                   
          disability plan.  Francisco Gutierrez, the City’s administrative            
          service manager in charge of payroll functions, testified that              
          Standard’s insurance premiums, to the extent paid by employees,             
          are typically paid through withholding and would be reflected on            
          those earning reports.                                                      
                                     Discussion                                       
               Respondent asserts that the distributions should be included           
          in petitioner’s 1993 gross income because the City, not                     
          petitioner, exclusively funded the long-term disability plan                
          under which petitioner benefited.  Petitioner, on the other hand,           
          argues that the payments should be excluded from gross income               
          because he funded the disability plan through employee                      
          withholdings and because he was advised that the payments were              
          not taxable.                                                                





          3  Petitioner prepares his tax returns on the cash method of                
          accounting.                                                                 




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Last modified: May 25, 2011