- 2 - (hereinafter referred to individually as Mr. and Mrs. Prasil) Federal income tax for the taxable year 1999 in the amount of $2,183. After concessions by the parties,2 the issue for decision is whether a $7,650 payment that Mrs. Prasil received in 1999 in settlement of a claim against her former employer is excludable from petitioners’ gross income under section 104(a)(2). We hold that it is not. FINDINGS OF FACT Some of the facts were stipulated, and they are so found. Petitioners resided in Iowa Park, Texas, at the time that the petition was filed with the Court. For a few months ending in early 1995, Mrs. Prasil worked for Heartland Realty Investors, Inc. (Heartland) in Rochester, Minnesota. Mrs. Prasil’s boss was an individual by the name of Gary Lakner (Mr. Lakner). Mrs. Prasil alleged that during her brief tenure at Heartland, Heartland and Mr. Lakner subjected her to sex discrimination and harassment. The record does not disclose the nature of the alleged sex discrimination that she experienced. 2 Petitioners concede that they failed to report: (1) Interest income, (2) pension and annuity income, and (3) additional tax under sec. 72(t) on a premature distribution from a qualified retirement plan. Respondent concedes that petitioners are not liable for self-employment tax under sec. 1401, and hence they are not entitled to a self-employment tax deduction under sec. 164(f).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011