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