- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011