- 7 - United States, supra at 1160 (quoting Warner v. Commissioner, 526 F.2d at 2). In a similar vein, the fact that respondent may have treated other taxpayers differently has generally been considered irrelevant. Davis v. Commissioner, 65 T.C. 1014, 1022 (1976). Some selectivity in enforcement is not in itself a Federal constitutional violation of due process or of equal protection where the selection is not deliberately based on an unjustifiable standard such as race, religion, or other arbitrary classification. Baltimore Gas & Elec. Co. v. Heintz, 760 F.2d 1408, 1418-1419 (4th Cir. 1985); Penn-Field Indus., Inc. v. Commissioner, 74 T.C. 720, 722-723 (1980) (citing Oyler v. Boles, 368 U.S. 448 (1962)). No evidence of selectivity based on any unjustifiable standard is reflected in the record herein. We now turn to petitioners' claim that, in any event, the lump-sum payment is excludable from gross income under section 104(a)(2) because Mrs. Keel suffered personal injury in signing the release. As petitioners put it: I [Mrs. Keel] filed an amendment tax return to my [her] 1992 Tax. "Code Sections 104(a) provides in relevant part that 'gross income does not include ....(2) the amount of any damages received (whether by suit or agreement and whether as lump sums or periodic payments) on account of personal injuries or sickness'". Based on this information and the agreement I [Mrs. Keel] signed with IBM, the settlement should be nontaxable income. My [Mrs. Keel's] amendment was based on the "personal injuries" statement. When I [Mrs. Keel] signed that ITO Waiver with IBM, I indeed sufferedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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