- 26 - We have held that the $116,000 in lump-sum payments was a severance payment to petitioner. There is no evidence that a Form K-1 was issued by Winston with respect to the $116,000. Indeed, petitioner and Winston attempted to treat the $116,000 as settlement of petitioner’s personal injury claims. Petitioner was no longer an employee or partner of Winston. The purpose of the negotiation was to effect the severance of petitioner’s relationship from Winston, and the final settlement and payment were the culmination of the severance. Moreover, the final settlement agreement and the $116,000 payment represented the final settlement of all of the parties’ rights and obligations in the relationship and in no way were intended to represent petitioner’s share of partnership income. Accordingly, the receipt of both payments during December 1994 by petitioner, a cash basis taxpayer, results in income taxable in petitioner’s 1994 tax year, and we so hold. II. Were Payments Totaling $48,420 Received by Petitioner Prior to The Final Settlement Nontaxable Loans or Taxable Advances? Petitioner contends that five payments totaling $48,420 and received between June 1992 and January 1993 were loans from Winston. His contention is based on the premise that he would have been required to repay the amounts received, if a settlement agreement had not been reached. Petitioner also contends that if the advances are held to be income, they should not be consideredPage: 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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