- 25 - In summary, Winston agreed to change the form of its original severance offer to accommodate petitioner and facilitate a settlement after more than 2 years of protracted negotiations. The substance of the agreement, however, remained the same as that of the original severance offer. Accordingly, we hold that the $116,000 was not paid on account of personal injuries and is not excludable from petitioners’ gross income under section 104. We hold further that the $116,000 was severance pay or compensation, and, therefore includable in petitioners’ gross income. D. Year of Inclusion Petitioner contends, in the alternative, that if the $116,000 is not excludable from income, the payments constitute his share of partnership income and should be included in income with respect to the 1995 fiscal year of the partnership, or for petitioner’s 1995 tax year. See sec. 706(a). Respondent contends that the proceeds are severance payments and should be included in income for 1994, the year petitioner received the payment. Under section 451(a) amounts received are included in gross income for the taxable year in which received by the taxpayer, unless it can be accounted for in a different period under an acceptable method of accounting. Sec. 451(a); see Keith v. Commissioner, 115 T.C. 605, 616 (2000).Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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