Stanley and Gail Laber - Page 5

                                                  5                                                   
            By the terms of the agreement, petitioner was paid $11,000 in                             
            consideration for the settlement of the EEO complaints and MSPB                           
            appeals.                                                                                  
                  Sandy Soloman, regional counsel for the Army, drafted the                           
            settlement agreement.  Petitioners were paid $11,000 by the Army                          
            on December 1, 1992.  Petitioners did not include any of the                              
            settlement proceeds in gross income reported on their Federal                             
            income tax return filed for 1992.  In the notice of deficiency,                           
            respondent increased petitioners' taxable income by $11,000 to                            
            reflect the amount of settlement proceeds received by petitioners                         
            from the Army.                                                                            
                  Petitioners contend that the settlement proceeds were paid                          
            to petitioner to settle his claims for damages for personal                               
            injuries and that the $11,000 is excludable from income under                             
            section 104(a)(2).                                                                        
                  Respondent's determination is presumed correct, and                                 
            petitioners bear the burden of proving it erroneous.  Rule                                
            142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                                     
                  Section 61 broadly defines gross income to include all                              
            income from whatever source derived, except as otherwise                                  
            provided.  Statutory exclusions from income are narrowly                                  
            construed.  Commissioner v. Schleier, 515 U.S. 323, 328 (1995).                           
                  Section 104(a)(2) provides that gross income does not                               
            include "the amount of any damages received (whether by suit or                           






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