John Lee Berst & Carolyn Ann Pace, a.k.a. Carolyn Ann Berst - Page 4

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            whom offers of that type had been made."  The $139,688                                      
            represented 37 percent of the full Consent Decree value of Mrs.                             
            Berst's claim.   Also, State Farm's offer provided that                                     
            petitioner would automatically share in any "incentive cash".                               
            This was an additional amount computed pursuant to a formula                                
            based upon the number of percentage points by which the                                     
            acceptance of State Farm's offers exceeded 90 percent.  The                                 
            maximum amount of such incentive payment under the formula was                              
            $18,000.  The offer was required to be accepted by March 20,                                
            1992.                                                                                       
                  Petitioner accepted the offer, and State Farm issued a                                
            $155,888 check payable to petitioner and class action counsel.                              
            That check represented the $139,688 amount of the settlement of                             
            petitioner's claim, and the remaining amount of $16,200 accounted                           
            for the incentive payment.                                                                  
                  On their 1992 return, petitioners did not include any of the                          
            $139,688 settlement amount or any of the $16,200 incentive                                  
            payment in their gross income.  Petitioners have since conceded                             
            that the settlement amount of $139,688 is taxable, a concession                             
            plainly required by United States v. Burke, 504 U.S. 229 (1992).                            
            The only matter remaining for consideration is whether                                      
            petitioners may exclude the $16,200 incentive payment from                                  
            income.                                                                                     
                  Unless otherwise provided, section 61(a) includes in gross                            
            income "all income from whatever source derived".  Section 102(a)                           




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