Tommy Jean Hayes - Page 5

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          gross income.  See 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.  We hold                  
          similarly today.  Petitioner has presented no new arguments which           
          would change our view on the instant issue, and we continue to              
          adhere to our view as espoused in those Memorandum Opinions for             
          the reasons stated therein.                                                 
               Petitioner's primary argument is that she received her                 
          proceeds under a cause of action arising from the Civil Rights              
          Act of 1991 (the CRA of 1991), Pub. L. 102-166, sec. 102, 105               
          Stat. 1071, 1072-1073, and that the CRA of 1991 provides tort               
          type damages that compensate for personal injury.  Petitioner               
          argues that the CRA of 1991 governs her case because Judge Lynch            
          signed State Farm's offer to the class after the CRA of 1991 was            
          signed into law.  We considered petitioner's primary argument in            
          Clark v. Commissioner, supra, and we rejected it there.  We do              
          likewise today.                                                             
               We hold for respondent.  In so doing, we have considered all           
          arguments made by petitioner for a contrary holding, and, to the            
          extent not discussed above, find them to be irrelevant or without           
          merit.  To reflect concessions by respondent,                               
                                                  Decision will be entered            
                                             under Rule 155.                          




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