Robert Matthew Donohoe and Jane Haregewoin Donohoe - Page 3




                                        - 2 -                                         
               Respondent determined a deficiency of $2,842 in petitioners’           
          1999 Federal income tax.  The issue is whether petitioners2 may             
          exclude from gross income payments received for unused vacation             
          and sick leave.  Petitioners resided in Penn Valley, California,            
          at the time the petition was filed.                                         
               The facts are not in dispute, and the issue is primarily one           
          of law.3  Petitioner terminated his employment with the County of           
          Los Angeles in July 1999 for a new position as a pilot for                  
          Skywest Airlines.  Because of the suddenness of his employment              
          change, petitioner was unable to use accrued vacation and sick              
          leave he had earned as an employee of the County of Los Angeles.            
          Thus, he received a $10,170 cash payment for the unused benefits.           
               As reported on their 1999 Forms W-2, Wage and Tax Statement,           
          petitioners received $103,652 of taxable wages.  Petitioner                 
          earned $51,688 and $6,733 from the County of Los Angeles and                
          Skywest Airlines, respectively, and petitioner Jane Haregewoin              
          Donohoe earned $45,231 from the State of California.                        




               2  Petitioner Jane Haregewoin Donohoe did not appear at the            
          trial and did not execute the stipulation of facts.  With respect           
          to her, we will dismiss this case for failure to prosecute.  See            
          Rule 123(b).  The decision, when entered, will be in the same               
          amount as ultimately determined against petitioner Robert Matthew           
          Donohoe.  In the opinion, references to petitioner are to Robert            
          Matthew Donohoe.                                                            
               3  Sec. 7491, concerning burden of proof, has no bearing on            
          this case.                                                                  





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