Salvatore J. D'Amico and Shirley E. D'Amico - Page 11




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          petitioners also claimed on page 1, line 30 of their 1994 return            
          an adjustment to, i.e., a reduction of, income of $96,773.  The             
          amount of that adjustment equaled the aggregate amount of income            
          shown in the Form W-2 relating to the leased automobile and the             
          Forms 1099 relating to the settlement agreement that petitioners            
          reported in their 1994 return.  Petitioners attached Form 8275,             
          Disclosure Statement, to their 1994 return with respect to the              
          adjustment to income of $96,773 that they claimed in that return.           
          That form stated:                                                           
               WHILE SALVATORE D’AMICO WAS EMPLOYED BY PRO BAKERS                     
               LIMITED HE SUFFERED A HEART ATTACK.  AFTER HE HAD                      
               RECOVERED AND RETURNED TO WORK, HIS EMPLOYMENT WAS                     
               TERMINATED UNDER CIRCUMSTANCES GIVING RISE TO THE                      
               INFERENCE THAT IT WAS BECAUSE OF HIS HEART ATTACK.                     
               SALVATORE D’AMICO AND PRO BAKERS LIMITED ENTERED INTO A                
               SETTLEMENT AGREEMENT, A COPY IS ATTACHED HERETO.  PRO                  
               BAKERS LIMITED PAID HIM $96,773.29 OF THAT SETTLEMENT                  
               IN 1994.  THE IRS HAS DETERMINED THAT SUCH PAYMENT IS                  
               NOT TAXABLE UNDER SECTION 104 (a)(2) OF THE CODE AND                   
               REV RULE 93-88                                                         
               In the notice of deficiency issued to petitioners (notice),            
          respondent determined to reduce by $34,157 the adjustment to                
          income of $96,773 that petitioners claimed in their 1994 return             
          “because it has not been established that any amount more than              
          $62,616 met the requirements of Section 104".  As a result, in              
          the notice respondent increased petitioners’ taxable income for             
          1994 by $34,157.                                                            









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