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exclude certain amounts from their gross income under section
104(a).1 We hold that they are not.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
Petitioners resided in Littleton, Colorado, at the time they
filed the petition.
In August 1991, Pro Bakers Limited, a.k.a. Heinz Bakery
Products (Heinz Bakery Products or the Company), a corporation
affiliated with H.J. Heinz Company, hired petitioner Salvatore J.
D’Amico (Mr. D’Amico), who had had many years of experience in
the baking industry, to serve as the general manager of its plant
in Buffalo, New York. During 1992, Heinz Bakery Products as-
signed additional duties and responsibilities to Mr. D’Amico. In
March 1993, Mr. D’Amico, who was still employed by the Company,
suffered a heart attack.
On August 17, 1993, Paul Sneddon (Mr. Sneddon), the presi-
dent of Heinz Bakery Products, wrote a memorandum (Mr. Sneddon’s
August 17, 1993 memorandum) to Mr. D’Amico in order to memorial-
ize a meeting that had recently taken place between them. Mr.
Sneddon’s August 17, 1993 memorandum, inter alia, summarized Mr.
D’Amico’s career at Heinz Bakery Products and expressed dissatis-
1Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the year at issue. All
Rule references are to the Tax Court Rules of Practice and
Procedure.
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