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Wednesday, April 02, 2003


Hilario M.Aguirre and Cathy C. Aguirre received advanced payments from Hilario�s work while his Worker�s Comp claim was being disputed. After he won the Worker�s Comp payment, which the IRS admitted was excluded from income, he repaid the amounts advanced. Hilario�s work issued a W-2 regarding the advanced payments, and IRS claimed these payments should be included in income. Tax Court pointed out that receipt of these advance payments also resulted in Hilario incurring an obligation to repay them. There was thus no accretion to wealth, and thus no income. Yea!

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