M. Bennett Marcus and Maria F. Marcus - Page 16

                                       - 16 -16                                           

               The suit was settled in 1965; the plaintiffs each received             
          $175,000.  In Parker v. United States, supra at 43-44, the Court            
          of Claims stated:                                                           
               The Internal Revenue Service determined that the                       
               settlement transaction resulted in the sale or exchange                
               of a capital asset, namely, the taxpayers' "claim"                     
               against Bertha's estate, that a substantial amount of                  
               capital gain, attributable to the appreciation of the                  
               claim over the some twenty years it remained unasserted                
               was thereby realized, and that this gain amounted to 75                
               percent of the settlement proceeds.                                    
          The plaintiffs paid the income tax deficiencies asserted by the             
          IRS, filed claims for refund which were disallowed, and then                
          filed a petition in the Court of Claims seeking a refund under              
          the doctrine of Lyeth v. Hoey, supra.                                       
               The Court of Claims, citing Lyeth, framed the issue as "In             
          lieu of what did Marilyn and Robert [the plaintiffs] receive                
          $350,000 in settlement of their cross-complaint against the other           
          members of the Segerstrom family."  Parker v. United States,                
          supra at 47.  The court eliminated the claim for $10 million of             
          punitive damages from consideration since the plaintiffs conceded           
          the issue at settlement.  Aided by appraisals of the land in 1944           
          and 1965, the court calculated the 1965 value of the plaintiffs'            
          claim to a 1944 inheritance of real property by applying an                 
          appreciation factor of 500 percent.  The court found the 1965               
          adjusted land value to be $290,000.  The court found the                    
          plaintiffs' demands for lost profits to be inflated and                     






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