Jacqueline Medina - Page 6

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          Settlement Payment and Petitioner’s Tax Return                              
               Liberty issued two checks made payable to petitioner                   
          pursuant to the settlement agreement.  These two checks consisted           
          of a $12,000 employee compensation check, net of all applicable             
          withholding taxes,3 and a separate check in the amount of $58,000           
          (the $58,000 amount) as nonemployee compensation free of any                
          withholdings.  Petitioner’s attorney deposited both checks into             
          his trust account and then issued petitioner a check for $43,930,           
          the amount of the settlement less the attorney’s fees and the               
          withheld payroll taxes.                                                     
               Petitioner’s attorney advised her that the amount she                  
          received from Liberty was to compensate her for her legal                   
          expenses and for her personal injuries.  Petitioner’s attorney              
          also advised her that the $58,000 amount was excludable from her            
          gross income.                                                               
               Liberty issued petitioner a Form W-2, Wage and Tax                     
          Statement, to report the $12,000 of back pay, and a Form 1099-              
          MISC, Miscellaneous Income, to report the $58,000 amount.                   
               Petitioner reported the $12,000 as wage income on her 2000             
          Federal income tax return, but she did not report the $58,000               






               3The taxability of the $12,000 backpay is not in dispute.              
          Liberty withheld $6,070 for taxes from the backpay.                         




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Last modified: May 25, 2011