Ronald W. Ramey and Joni J. Ramey - Page 6




                                         -5-                                          
                    PayLess.                                                          
               On March 17, 1995, pursuant to the above settlement,                   
          petitioner received a payment of $27,184.16 ($8,869.00 back                 
          wages, $18,315 designated as liquidated damages) from which                 
          attorney’s fees of $9,387 were deducted, for a net payment of               
          $17,797.16.3                                                                
               Petitioner did not report any portion of the $27,184.16 on             
          her 1995 income tax return.  Respondent determined that                     
          petitioner must include the $27,184.16 in her 1995 gross income.            
          Respondent also allowed petitioner $8,663 as a miscellaneous                
          itemized deduction for attorney’s fees incurred to collect back             
          wages.                                                                      
               Petitioner contends that the $27,184.16 settlement is not              
          includable in her gross income.  She argues that at least 50                
          percent of her award is attributable to a recovery for the                  
          intentional and/or negligent infliction of emotional distress and           
          is excludable under section 104(a)(2).                                      
               Respondent counters that the $27,184.16 in damages was not             
          paid on account of personal injuries.  Instead, respondent                  
          contends that the settlement proceeds resulted from the claim set           
          forth in the complaint--the FLSA claim which does not provide for           
          personal injury compensation.  Respondent also contends that any            

               3 On brief, respondent argues that attorney’s fees should              
          not be excluded from petitioner’s gross income.  However, the               
          question of whether attorney’s fees are excludable was not raised           
          by petitioners as an issue in this case.  Accordingly, there is             
          no need to address respondent’s argument.                                   




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