Deferring income to 2022 taxes

[fatcat59]

As a physician, I was terminated from my employer in November 2021.  My accounts receivable (just about equal to my salary) was calculated in my 2021 W2 form, but I did not cash the check until 2022, due to an on-going legal issue regarding severance. 

Is there a way for me to exclude that income from 2021 taxes and defer to 2022, since I did indeed not receive it as income in 2021?

[AliciaP1]

No, since you chose to not cash the check yet is was processed by your employer and reported as 2021 income, you will report the income in 2021.

[fatcat59]

It really wasn't a "choice" to not cash the checks in 2021:  the contract was not finalized, and therefore the amount was subject to change until the contract was signed.  The checks were held in escrow at the lawyers office until 2022.

Thanks for your thoughts.

[Mike9241]

if the checks were held in escrow and you had no access to the money, the compensation should be reported on a 2022 w-2. talk to your lawyer because if the Company issues a 2021 w-2  you'll end up with an IRS problem