- 2 - $76,740 that petitioner received upon termination from his former employer is excludable from petitioner’s 1995 gross income pursuant to section 104(a)(2).2 We hold that it is not. FINDINGS OF FACT The parties have stipulated some of the facts, which are incorporated in our findings by this reference. Petitioner resided in Stone Mountain, Georgia, when he filed his petition. On September 20, 1994, petitioner received a phone call from his employer of 29 years, Air Products and Chemicals, Inc. (APC), informing him that he was to be terminated. Petitioner was 55 years old at the time. On or about October 3, 1994, APC sent petitioner an unexecuted Agreement and General Release form (the release). The release stated that petitioner would receive a “cash termination payment equivalent to two weeks’ base pay for each year and partial year of completed continuous service with the Company, in consideration of * * * [petitioner’s] execution” of the release. The release stated that petitioner agrees to 1(...continued) dividend income should be increased by $21. Petitioner has not addressed this issue, and we deem him to have conceded it. 2 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 Next
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