Charles Leonard Braden and Joice Stieber Braden - Page 14

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             revg. in part and remanding 106 T.C. 184 (1996); Getty                   
             v. Commissioner, 913 F.2d 1486, 1490 (9th Cir. 1990)                     
             (whether proceeds of a settlement should be characterized                
             as a gift or taxable income), revg. 91 T.C. 160 (1988).                  
                  After submitting the motion for summary judgment,                   
             respondent requested and was granted leave to file a                     
             memorandum of points and authorities in support of                       
             respondent’s motion for summary judgment (herein referred                
             to as memorandum).  In the memorandum, respondent makes                  
             three arguments in further support of his position that                  
             none of the payments petitioner received in settlement of                
             Campbell v. State Farm is excludable from gross income                   
             under section 104(a)(2).                                                 
                 The first argument in respondent’s memorandum is that               
             petitioner’s tort and contract claims actually were time                 
             barred under the applicable statutes of limitations in                   
             Arizona before the complaint in Campbell v. State Farm was               
             filed.  Respondent points out that Campbell v. State Farm                
             “was not filed until October 8, 1999--approximately                      
             sixteen years after the accident and fourteen years after                
             the alleged breach.”  According to respondent, this was                  
             well after both the 2-year period of limitations                         
             applicable to personal injury suits and the 6-year period                
             of limitations applicable to “any cause of action which                  






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