Joyce M. and Thomas J. Hamm - Page 16

                                       - 16 -                                         
          petitioners have alleged no specific facts showing that the ITO             
          payment was allocable to tort or tort type damages for personal             
          injuries or sickness.                                                       
               Viewing the facts in a light most favorable to petitioners,            
          Blanton v. Commissioner, 94 T.C. at 494, we conclude that                   
          respondent has made a prima facie case that petitioner did not              
          release any tort or tort type claim in exchange for the ITO                 
          payment.  Petitioners have failed to offer countervailing                   
          assertions having sufficient specificity to cause us to conclude            
          that there is any genuine issue of material fact which requires a           
          trial.  We have considered all of the parties' remaining                    
          arguments and find them to be without merit.  Under these                   
          circumstances, respondent is entitled to summary judgment as a              
          matter of law.  Rule 121(d); Abramo v. Commissioner, 78 T.C. 154,           
          164 (1982).  As petitioners' gross income is increased in the               
          amount of $74,131.29, we sustain respondent's disallowance of               
          itemized deductions in the amount of $966.08 as an automatic                
               To reflect the foregoing,                                              

                                             Respondent's motion for                  
                                        summary judgment will be granted,             
                                        and decision will be entered                  
                                        for respondent.                               

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  

Last modified: May 25, 2011