- 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”. CompensationPage: 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