- 36 - Based on our examination of the entire record in this case, we find that the District Court awarded a portion of the proceeds of the Farmers lawsuit to DCI and a portion of those proceeds to the Diamonds as the owners of ETS.25 Consequently, only the portion of such proceeds that the District Court awarded to DCI is includible in its gross income for the year at issue.26 The remaining question that we must resolve, which also is factual, is what are the respective amounts of the proceeds of the Farmers lawsuit that the District Court awarded to DCI and to the Diamonds as the owners of ETS.27 In resolving that question, 25 Respondent contends that no portion of the proceeds of the Farmers lawsuit was awarded to the Diamonds as the owners of ETS because there is no indication that there was a contractual relationship between FIG and the Diamonds as the owners of ETS. We reject that contention. The pretrial order alleged that the plaintiffs were parties to the agreement at issue in the Farmers lawsuit, that the Diamonds were entitled to lost profits from the operations of ETS as a result of FIG's breaches of contract and fraudulent misrepresentations, and that the Diamonds were enti- tled to punitive damages as a result of FIG's fraudulent misrep- resentations. The District Court entered a default judgment in favor of, and awarded damages to, all the plaintiffs (viz., DCI and the Diamonds) on account of their claims against FIG for breaches of contract and fraudulent misrepresentations. 26 In light of our finding that the District Court awarded a portion of the proceeds of the Farmers lawsuit to DCI and a portion of such proceeds to the Diamonds as the owners of ETS, we shall not address DCI's alternative contention, which we under- stand DCI would advance only in the event that we had not made such a finding, that it is entitled to deduct the $450,245 of the proceeds of the Farmers lawsuit that it claimed in its return for the year at issue because that is the amount that DCI was obli- gated to pay the Diamonds under an agreement entered into between them. 27 We disagree with petitioner's suggestion on brief that re- (continued...)Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011