Ronald N. and Karen M. Gross - Page 9




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                    federal or state wage and hour laws; and claims                      
                    that * * * [Okabena] or the Investments engaged in                   
                    conduct prohibited on any other basis under any                      
                    federal, state, or local statute, ordinance, or                      
                    regulation;                                                          
               4.   All claims for alleged unpaid compensation,                          
                    expenses, and employee benefits; wrongful                            
                    discharge; breach of contract; breach of implied                     
                    contract; breach of a covenant of good faith and                     
                    fair dealing; breach of fiduciary duty; promissory                   
                    or equitable estoppel; defamation; intentional or                    
                    negligent infliction of emotional distress; fraud;                   
                    negligent misrepresentation; negligence; assault                     
                    and battery; false imprisonment; invasion of                         
                    privacy; interference with contractual or business                   
                    relationships; and any other wrongful employment                     
                    practices;                                                           
               5.   All claims for accountings, distributions,                           
                    payments, and any other compensation from the                        
                    Investments, except from Okabena Partnership V-8                     
                    and Energy Corporation E-2; and                                      
               6.   All claims for attorneys’ fees, liquidated                           
                    damages, punitive damages, costs, and                                
                    disbursements.                                                       
               [Emphasis added.]                                                         
          The Notice of Deficiency                                                       
               In his statutory notice of deficiency, respondent                         
          recharacterized the lump-sum payments as ordinary income taxable               
          to petitioner when received in 1993 and 1994 and also determined               
          that the liquidation payment was taxable to petitioner as                      
          proceeds from the sale or exchange of various capital assets;                  
          i.e., petitioner’s interests in various Okabena partnerships and               
          investments.                                                                   








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