- 12 - Mr. Massot as ‘damages,’ the parties agree that each will be responsible for its (or his) own tax liability.” Settlement Payment In accordance with the agreement, on November 30, 1992, Millipore transferred (by wire) $600,000 in French francs to petitioner’s French bank account and deposited $150,000 into an escrow account at the Bank of Boston. Treatment of Settlement Proceeds Millipore did not report the $600,000 settlement proceeds as “wages, tips, other comp.” on the 1992 Form W-2 it issued to petitioner; petitioners did not report the $600,000 settlement proceeds as income on their 1992 tax return. OPINION The sole issue for decision is whether the $600,000 petitioner received as a result of the termination of his employment is excludable from petitioners' 1992 gross income as section 104(a)(2) damages received on account of personal injury or sickness. Except as otherwise provided, gross income includes income from all sources. See sec. 61; Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429-430 (1955). Petitioners’ settlement proceeds constitute gross income unless expressly excepted by another Code provision. See Commissioner v. Schleier, 515 U.S. 323, 328 (1995); Rozpad v. Commissioner, 154 F.3d 1, 3 (1st Cir. 1998), affg. T.C. Memo. 1997-528.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011