Salvatore J. D'Amico and Shirley E. D'Amico - Page 10




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          relating to the leased automobile).  That Form W-2 showed "Wages,           
          tips, other comp." of $23,255.77, "Federal income tax withheld"             
          of $1,177.71, "Social security tax withheld" of $1441.86, and               
          "Medicare tax withheld" of $337.21.  The Company also issued one            
          or more Forms 1099 to Mr. D’Amico for 1994.  Those Forms 1099               
          showed additional income totaling $73,518,2 which equaled the sum           
          of the three payments that the Company had made to and on behalf            
          of Mr. D’Amico during that year under the settlement agreement              
          for (1) the mental distress damages ($62,616.45), (2) the cove-             
          nants of secrecy, the release, and the other covenants and                  
          obligations ($10,000), and (3) the cost of providing medical                
          benefits to him ($902).  (We shall refer collectively to those              
          Forms 1099 as Forms 1099 relating to the settlement agreement.)             
               Petitioners reported as income (1) on page 1, line 7 of the            
          joint Federal income tax return that they filed for 1994 (1994              
          return) the amount of “Wages, tips, or other comp.” shown in the            
          Form W-2 relating to the leased automobile3 and (2) on page 1,              
          line 21 of that return the total of the amounts of income shown             
          in the Forms 1099 relating to the settlement agreement.  However,           


               2That total amount was rounded to the nearest dollar.                  
               3Petitioners rounded the amount shown in the Form W-2                  
          relating to the leased automobile as “Wages, tips, other comp.”             
          (i.e., $23,255.77) to the lowest and nearest dollar.  For                   
          convenience, we shall do the same when referring to the amount of           
          income shown in that form.                                                  





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