Cheryl Denese Brewer - Page 6

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                         13.  * * *  The approximate full value of                    
                    * * * [petitioner's] claim under the Consent                      
                    Decree damage formula as of February 1, 1992,                     
                    is $499,912.00, which represents back pay as a                    
                    State Farm agent accrued from the year of the                     
                    challenged appointment to February 1, 1992,                       
                    plus six months of front pay from that date                       
                    forward.                                                          
                              b.   Settlement Cash at 87.5%                           
                    Acceptance Rate: State Farm offers * * *                          
                    [petitioner] Settlement Cash of $186,677.00,                      
                    which is approximately 37% of the estimated                       
                    full Consent Decree value of her claim, to                        
                    release her claims against State Farm. * * *                      
                    *     *     *     *     *     *     *                             
                              c.  Incentive Cash for Acceptance                       
                    Rate Above 90%: The Incentive Cash will be                        
                    $1,800.00 per claimant for each full percentage                   
                    point by which the Acceptance Rate * * *                          
                    exceeds 90%. * * *                                                
                    *     *     *     *     *     *     *                             
                                                                                     
                              e.  Attorney's Fees: The payments                       
                    State Farm is offering to * * * [petitioner]                      
                    include her attorneys' fees and costs * * *.                      
                    That is, * * * [petitioner] will have to pay                      
                    her attorneys' fees * * * out of the payment                      
                    State Farm makes to her. * * *                                    
          In 1992, pursuant to the terms of the settlement, State Farm issued         
          petitioner and her attorney a check in the amount of $202,877.              
          Petitioner's attorney retained legal fees of $40,620.                       
               Petitioner did not report the State Farm payment on her 1992           
          Federal income tax return.  Respondent determined in the notice of          
          deficiency that the entire State Farm payment should have been              
          included in petitioner's gross income and that petitioner is                




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