Ed and Patricia A. Montgomery - Page 4




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          term was from July 1, 1985, through June 30, 1988, and that                 
          petitioner’s annual salary was set at $37,000.  The contract also           
          stated that petitioner was to receive certain other benefits,               
          including furnished housing.                                                
               The final judgment in petitioner’s lawsuit was filed on July           
          20, 1989.  Petitioner received damages of $185,000, which had               
          been reduced by order of remittitur from a jury award of                    
          $450,000, and costs and attorney’s fees of $15,556.70.                      
          Petitioner was also awarded interest on these amounts.  On July             
          20, 1992, an order of execution of writ of mandamus was filed in            
          the district court compelling satisfaction of the “civil rights             
          judgment” filed 3 years earlier.  This order further provided               
          that, if necessary, the school district was to levy additional              
          taxes to satisfy the judgment; the court cited case law that such           
          measures were appropriate where needed “to vindicate                        
          constitutional guarantees”.  In each of 1996 and 1997,                      
          petitioners received a $30,000 payment towards the satisfaction             
          of this judgment.  In 1996, the payment consisted of $21,489 in             
          interest and $8,511 in principal.  In 1997, the payment consisted           
          of $19,966 in interest and $10,034 in principal.                            
               Petitioners filed joint Federal income tax returns for 1996            
          and 1997.  Petitioners reported as income on these returns the              
          portions of the yearly $30,000 payments representing interest               
          income, but they did not report the remaining portions of the               






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