Fred and Mary Gillette - Page 3

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          misinformed, and discouraged in their efforts to obtain the entry           
          level sales position."  The court found State Farm liable with              
          respect to "all female applicants and deterred applicants who, at           
          any time since July 5, 1974, have been, are, or will be denied              
          recruitment, selection and/or hire as trainee agents by defendant           
          companies within the State of California."                                  
               Mary Gillette was a member of the class action suit and                
          prevailed in her claim.  As a result, in 1992 State Farm issued             
          petitioner and her attorney a $155,888 check.  Petitioner's                 
          attorney retained legal fees of $31,226, and the balance was paid           
          to petitioner.  None of the $155,888 amount was reported or                 
          disclosed on petitioners' return.  Respondent determined that the           
          entire $155,888 should have been included in petitioners' gross             
          income.                                                                     
                                     Discussion                                       
               This case requires the Court to revisit the taxability of              
          the proceeds received by a claimant who was a member of the class           
          of plaintiffs in Kraszewski v. State Farm Gen. Ins. Co.  In each            
          of our prior cases, we held that none of the proceeds were                  
          excludable from the taxpayer's gross income.  See Hayes v.                  
          Commissioner, T.C. Memo. 1997-213; Hardin v. Commissioner, T.C.             
          Memo. 1997-202; Raney v. Commissioner, T.C. Memo. 1997-200; Clark           
          v. Commissioner, T.C. Memo. 1997-156; Berst v. Commissioner, T.C.           
          Memo. 1997-137; Martinez v. Commissioner, T.C. Memo. 1997-126;              
          Fredrickson v. Commissioner, T.C. Memo. 1997-125.  Petitioner has           




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