Legal Opinion

Edwards v. Commissioner

United States Tax Court

Decided October 11, 1962No. Docket No. 78657Published

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

John D. and Janice L. Edwards, Petitioners, v. Commissioner of Internal Revenue, Respondent

Edwards v. Commissioner

Docket No. 78657

United States Tax Court

39 T.C. 78; 1962 U.S. Tax Ct. LEXIS 54;

October 11, 1962, Filed

Decision will be entered under Rule 50.

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…

2Cases cited6 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. Edwards v. CommissionerUnited States Tax Court · 1962
  4. Heard v. CommissionerUnited States Tax Court · 1958
  5. Kilgore v. CommissionerUnited States Tax Court · 1962

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