- 11 - parties stipulated that “Petitioner was paid $170,000 from [sic] the State of Maryland on account of her successful prosecution of a claim for wrongful discharge and back wages.” Gross income means all income from whatever source derived. Sec. 61(a). On the record before us, we find that petitioner has failed to carry her burden of establishing that the entire amount of the $170,000 settlement should be excluded from her gross income. On that record, we further find that petitioner has failed to carry her burden of establishing that the $84,500 contingency fee that she paid to Mr. Ober out of the $170,000 settlement should be excluded from her gross income. Commis- sioner v. Banks, 543 U.S. 426, 430 (2005) (holding that, as a general rule, where a litigant’s recovery constitutes income, the litigant’s income includes the portion of the recovery paid to 6(...continued) Based upon the above information you have stated that your client intends to claim a higher number of exemptions than she in fact has in order to substan- tially reduce the projected withholding of $60,136. In your estimation, the number of exemptions will be well above the 2 exemptions that she claimed prior to her termination. It is your opinion, based upon advice from a tax expert, that the number will be legally defensible because it reflects a good faith projection of Mrs. Messina’s tax liability. Further, you have stated that Mrs. Messina fully understands that her claim may subject her to an inquiry by the I.R.S. and that there may be negative tax consequences and/or penalties because of her decision to claim higher exemptions. [Reproduced literally.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011