Alex Morgan Foster - Page 7

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               out of his employment or severance thereof.  All such                  
               claims are forever barred by this AGREEMENT regardless                 
               of the forum in which such claim(s) might be brought.                  
               * * *                                                                  
                         The parties expressly acknowledge that this                  
                    AGREEMENT is intended to include all claims which                 
                    FOSTER does not know or expect to exist in his                    
                    favor at the time of execution of this AGREEMENT                  
                    which claims are hereby extinguished. * * *                       

               Pursuant to the terms of the agreement, petitioner received            
          payments from ABMI totaling $20,000 during the taxable year 1989.           
          On or about January 15, 1990, ABMI issued to petitioner an                  
          Internal Revenue Service (IRS) Form 1099-MISC, which reported               
          nonemployee compensation paid to him in the amount of $20,000 for           
          1989.                                                                       
               Petitioner reported the $20,000 settlement received as                 
          "Gross receipts or sales" on Schedule C of his 1989 Federal                 
          income tax return.  He claimed as an offset against this amount a           
          deduction for "PERSONAL INJURY SETTLEM [sic]" in the amount of              
          $15,000.  This deduction was claimed to reflect the judgment of             
          petitioner's accountant that $5,000 of the settlement was                   
          attributable to lost wages, and that $15,000 was attributable to            
          tort like claims excludable under section 104(a)(2).  Petitioner            
          now claims, however, that his method of reporting the settlement            
          was erroneous, and that the entire amount received should have              
          been excluded from income under section 104(a)(2).                          
          Exclusion of Settlement Proceeds                                            
               Respondent determined in the notice of deficiency that no              
          part of the $20,000 settlement was excludable from petitioner's             





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