Legal Opinion

Edwards v. Commissioner

United States Tax Court

Decided October 11, 1962No. Docket No. 78657PublishedCited by 18 opinions

1. Held, petitioner, receiving the entire amount due him as a bonus from his employer pursuant to a settlement agreement, cannot claim any withholding tax credit for amounts not actually withheld by his employer. 2. Held, further, petitioner, receiving $ 134 for 3 full days' salary while he was hospitalized, pursuant to a wage continuation plan, may exclude only $ 50 from income under sec. 105, I.R.C. 1954, inasmuch as he normally worked a 6-day week and such exclusion is…

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1. Held, petitioner, receiving the entire amount due him as a bonus from his employer pursuant to a settlement agreement, cannot claim any withholding tax credit for amounts not actually withheld by his employer. 2. Held, further, petitioner, receiving $ 134 for 3 full days' salary while he was hospitalized, pursuant to a wage continuation plan, may exclude only $ 50 from income under sec. 105, I.R.C. 1954, inasmuch as he normally worked a 6-day week and such exclusion is limited to a weekly rate of $ 100. 3. Held, further, the premiums paid by petitioner for health and accident insurance…

1Opinion of the Court

FisheR, Judge:

Respondent determined a deficiency in petitioners’ income tax in the amount of $1,440.47 for the taxable year 1955.

Janice L. Edwards, wife of John D. Edwards, is a party only because she and her husband filed a joint return for the year in question. The issues before us relate solely to the activities of John D. Edwards who will be referred to herein as petitioner.

Some of the issues have been stipulated. The only issues remaining for our consideration concern: (1) Whether petitioner, receiving in 1955 the entire amount due him as a bonus from his employer pursuant to a…

2Cases cited5 opinions

  1. Basila v. CommissionerUnited States Tax Court · 1961
  2. Drayton Heard and Elizabeth A. Heard v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
  3. Heard v. CommissionerUnited States Tax Court · 1958
  4. Kilgore v. CommissionerUnited States Tax Court · 1962
  5. Graves v. CommissionerUnited States Tax Court · 1961

3Cited by18 opinions

  1. Dixon v. CommissionerUnited States Tax Court · 2013
  2. Del Monico v. Comm'rUnited States Tax Court · 2004
  3. In re Richardson Dinner Theatre, Inc.District Court, N.D. Texas · 1976
  4. Goins v. CommissionerUnited States Tax Court · 1997
  5. Lyszkowski v. CommissionerUnited States Tax Court · 1995

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