P & X Markets, Inc. - Page 2

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               Marvin B. Starr, for petitioner.                                       
               Margaret A. Martin, for respondent.                                    



                                       OPINION                                        

               LARO, Judge:  The case is before the Court on respondent’s             
          motion for summary judgment.1  Respondent moves for summary                 
          adjudication in her favor, arguing that proceeds received by                
          petitioner in settlement of a lawsuit are not within section                
          104(a)(2) for lack of a personal injury.  Respondent supports her           
          motion with the pleadings and the following exhibits:                       
          (1) Petitioner’s 1989 Form 1120, U.S. Corporation Income Tax                
          Return; (2) petitioner’s “FIRST AMENDED COMPLAINT FOR DAMAGES”              
          (the Complaint), which was filed in the Superior Court of the               
          State of California mainly against three individuals, three                 
          corporations, a California limited partnership, and 50 Does                 
          (the Defendants); (3) the settlement agreement (the Agreement)              
          that resolved the litigation surrounding the Complaint; and                 
          (4) the subject notice of deficiency.  Petitioner objects to                
          respondent’s motion, alleging that the settlement proceeds would            
          have been within section 104(a)(2) if its president/sole                    
          shareholder, John Magaddino, had operated its business as a sole            


               1 Petitioner petitioned the Court to redetermine                       
          respondent’s determination of an $85,528 deficiency in its                  
          taxable year ended Sept. 30, 1990.                                          




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