- 4 - CHARGING PARTY RELIEF [Dobbs] agrees that within 30 days of the effective date of this Agreement it shall: 1. a. Pay to the Charging Party the sum of twelve thousand dollars ($12,000.00) as back wages, less legal deductions for taxes;[2] b. Pay to the Charging Party the sum of seventy- one thousand and six hundred dollars ($71,600.00) as damages. Charging Party shall be liable for any and all taxes which may be due for this payment. In preparing her 1998 Federal income tax return, petitioner excluded the $71,600 damage award that she received. Petitioner argues that the damage award is excludable from her gross income under section 104(a)(2) because it was received on account of her physical personal injury. Discussion Section 61 provides that “gross income means all income from whatever source derived”. Gross income is an inclusive term with broad scope, designed by Congress to “exert * * * ‘the full measure of its taxing power.’” Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429 (1955) (quoting Helvering v. Clifford, 309 U.S. 331, 334 (1940)). Conversely, statutory exceptions from income shall be narrowly construed. Commissioner v. Schleier, 515 U.S. 323, 328 (1995). Furthermore, “exemptions from taxation 2 The taxability of the $12,000 petitioner received as back wages is not in dispute.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011