Marsha M. Bland - Page 6




                                                - 6 -                                                  
                  a result of any charge, lawsuit, or proceeding brought                               
                  by me or on my behalf in any way arising out of the                                  
                  termination of my employment.                                                        
                  No negotiations preceded petitioner’s signing of the                                 
            release, and she thereafter received a payment of $58,947 from                             
            PSC.  This amount reflected 2-1/2 weeks of petitioner’s pay times                          
            her years of service, for a gross sum of $63,097, less taxes                               
            withheld.  PSC reported the payment as Form W-2, Wage and Tax                              
            Statement, income.  On her 1994 Federal income tax return,                                 
            petitioner excluded $58,845 from gross income, with the                                    
            discrepancy presumably resulting from a computational error.                               
            Because respondent’s subsequent notice of deficiency was based                             
            upon the $58,845 figure, the parties are referring to and                                  
            treating the payment as a $58,845 payment, and we do likewise for                          
            purposes of our discussion.                                                                
                                             Discussion                                                
                  We must decide whether the $58,845 received by petitioner in                         
            conjunction with her termination from PSC is excluded from income                          
            as compensation for injuries or sickness pursuant to section 104.                          
            I.  General Rules                                                                          
                  As a general rule, the Internal Revenue Code imposes a                               
            Federal tax on the taxable income of every individual.  See sec.                           
            1.  Section 61(a) specifies that “Except as otherwise provided”,                           
            gross income for purposes of calculating such taxable income                               
            means “all income from whatever source derived”.  Compensation                             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011