- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011