- 4 - Of the $100,000 settlement proceeds, Smith Barney sent Stowell & Friedman, Ltd. a check in the amount of $25,000, which was characterized as payment of attorney’s fees and costs. Smith Barney also sent, and petitioners received, $60,056.25 of the remaining settlement proceeds.2 Consistent with the release, Smith Barney issued petitioners a Form W-2, Wage and Tax Statement, for $37,500 and a Form 1099-MISC, Miscellaneous Income, for $62,500. Petitioners reported $37,500 of the settlement proceeds on their 2001 tax return, an amount corresponding with that reported on the Form W-2. Petitioners did not report any of the remaining $62,500 in settlement proceeds. Petitioners contend that they are entitled to exclude the $62,500 reported on the Form 1099- MISC from their gross income for the 2001 taxable year because such amount was for sickness and injuries suffered by petitioner from exposure to second-hand cigarette smoke at Smith Barney. Discussion Neither of the parties has addressed the applicability of section 7491(a) regarding the burden of proof. Petitioners have not established that they satisfied the requirements of section 7491(a); thus the burden of proof remains with petitioners. 2 Of the remaining $75,000 not sent to petitioners’ attorney, $37,500 was treated as wages subject to withholding taxes for Michigan State income tax of $1,575, Federal income tax $10,500, Social Security tax of $2,325, and Medicare tax of $543.75.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011