- 20 - package was for severance compensation and petitioner’s agreement not to accept employment with a competitor of Millipore, and 54.4 percent was on account of petitioner’s personal injuries or sickness arising from his firing.4 Our reasoning for this allocation is as follows. When petitioner’s employment with Millipore was terminated on September 22, 1992, petitioner’s annual salary was approximately $228,000. Thus, the 18 months’ severance portion of Millipore’s offer was approximately $342,000. Reducing the overall $750,000 settlement package by $342,000 leaves $408,000, or 54.4 percent, for the personal injury portion of the settlement package. On the basis of this 54.4-percent allocation, we conclude that $326,400 of the $600,000 petitioner received in 1992 was paid on account of personal injuries or sickness and is excludable from petitioners’ gross income pursuant to section 104(a)(2), and the balance of $273,600 is taxable. 4 As stated, petitioner’s claims against Millipore did not sound solely in tort; petitioner’s claims were for breach of the employment contract as well. Millipore initially offered petitioner a severance package including 18 months’ salary. We infer that the settlement petitioner accepted in lieu of that offer incorporated the element of severance pay, though not designated as such in the agreement.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