Ronald W. Ramey and Joni J. Ramey - Page 3




                                         -2-                                          
               Respondent determined a $5,164 deficiency in income tax for            
          petitioners’ 1995 taxable year.  The sole issue for our                     
          consideration is whether proceeds received by Joni J. Ramey                 
          (petitioner) in settlement of an action under the Fair Labor                
          Standards Act of 1938 (FLSA), ch. 676, secs. 1, 16(b), 52 Stat.             
          1060, current version at 29 U.S.C. secs. 201, 216(b) (1994), are            
          for personal injury or sickness and excludable from her gross               
          income under section 104(a)(2).                                             
                                     Background2                                      
               In 1993, 267 employees (the class) of PayLess Drugstores,              
          Inc. (PayLess), filed a class action lawsuit under the FLSA in              
          the U.S. District Court for the District of Idaho (the lawsuit).            
          One of these employees was petitioner.                                      
               The class alleged that, despite managerial-sounding titles             
          and job descriptions, they were, in fact, hourly employees who              
          were required to work overtime without compensation.  As relief,            
          the class sought to be paid time-and-a-half for all the hours               
          worked in excess of the statutory limit of 40 hours, liquidated             
          damages in an amount equal to the unpaid overtime compensation,             
          and attorneys’ fees and costs.                                              
               In January 1995, the class action was settled for $5                   
          million, and the plaintiffs sought judicial approval of the                 
          settlement.  In a memorandum in support of their motion,                    


               2 The facts were fully stipulated.                                     




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