Richard and Margaret Sherman - Page 9




                                        - 9 -                                         

               In 1993, IBM paid petitioner the $207,000, in two payments of          
          $103,500.  IBM included the $207,000 in petitioner's Form W-2, and          
          applied withholding tax to the entire amount.                               
          1993 Federal Income Tax Return                                              
               On their 1993 Federal income tax return, petitioners excluded          
          the $207,000 payment from their income.  Appended to their return           
          was a document entitled "Exclusion of Settlement of Personal Injury         
          Claim (Age Discrimination) from Gross Income".  In relevant part,           
          the document stated:                                                        
                    In exchange for a payment of $207,000 I agreed                    
                    in paragraph number 6(c) to release all claims                    
                    for age discrimination, including those                           
                    available under Title VII of the Civil Rights                     
                    Act, as amended.  I was 55 years old at the                       
                    time IBM was hiring new lawyers (either recent                    
                    graduates or persons about to graduate from                       
                    law school).                                                      
                    *      *      *      *      *       *       *                     
                         Therefore I have excluded the $207,000                       
                    settlement for age discrimination from gross                      
                    income.                                                           
          Notice of Deficiency                                                        
               In the notice of deficiency, respondent determined that the            
          entire $207,000 settlement payment petitioner received from IBM is          
          includable in petitioners' 1993 gross income.                               
                                       OPINION                                        
               The sole issue for decision is whether the $207,000                    
          petitioner received as a result of the termination of his                   






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011