Edward P. Knoll and Mary K. King-Knoll - Page 25

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               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).                                     






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