David Gerald Lockmiller - Page 3

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          income tax for 2000 in the amount of $2,998.                                
               The issue for decision is whether a $20,000 payment that               
          David Gerald Lockmiller (petitioner) received in 2000 from his              
          former employer is excludable from gross income under section               
          104(a)(2).  We hold that it is not.                                         
          Background                                                                  
               Some of the facts have been stipulated, and they are so                
          found.  Petitioner resided in San Francisco, California, at the             
          time that his petition was filed with the Court.                            
               From July 1988 to January 2000, petitioner was employed by             
          UC Construction Co. of Corte Madera, California (UC Construction)           
          as an accountant/bookkeeper.  Petitioner’s employment with UC               
          Construction terminated on January 28, 2000, because of a dispute           
          that arose between the parties concerning the terms of                      
          petitioner’s compensation package, particularly with regard to              
          profit-sharing.                                                             
               In April 2000, petitioner and UC Construction entered into a           
          Settlement Agreement.  Shortly thereafter, and pursuant to the              
          terms of that document, petitioner received a lump-sum payment of           
          $20,000 from UC Construction.2  In exchange, petitioner agreed              
          “not to make any future claims against UC Construction for                  
          salary, vacation pay, or any other benefits to which he claims to           


               2  The Settlement Agreement provided that “If at all, UC               
          Construction will report this payment by way of 1099-MISC form              
          for miscellaneous income for the year 2000.”                                




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