Cecil R. and Carol L. Hawkins - Page 2




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          deficiency in their 2003 Federal income tax and a $1,415                    
          accuracy-related penalty under section 6662(a).  We decide                  
          whether $25,000 received by Carol Hawkins (petitioner) in                   
          settlement of her lawsuit (lawsuit) related to the termination of           
          her employment is excluded from her gross income under section              
          104(a)(2).  We hold it is not.                                              
                                     Background                                       
               All facts were stipulated or contained in the exhibits                 
          submitted with the parties’ stipulation of facts.  Those                    
          stipulated facts and exhibits are incorporated herein by this               
          reference.  Petitioner and her spouse, Cecil Hawkins, filed a               
          joint 2003 Federal income tax return.  They resided in San                  
          Leandro, California, when their petition was filed commencing               
          this proceeding.                                                            
               Petitioner was employed as an executive assistant by Alameda           
          County Fair Association (Alameda) from 1999 to 2002.  Shortly               
          after she was hired, she was told that she would receive a                  
          one-hour paid lunch.  In May 2002, she was told that she was not            
          entitled to a one-hour paid lunch and that she had to repay the             
          wages she received from May 15, 2001, to May 15, 2002,                      
          attributable to her lunch hours.  Petitioner refused to repay               
          those wages, and she was placed on administrative leave.  She was           
          later told that she had resigned her position even though she was           
          willing to continue working at Alameda.                                     







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