Stanley and Gail Laber - Page 9

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                  Petitioners testified that petitioner suffered physical                             
            injuries while working for the Army.  Mr. Soloman testified that                          
            he had no knowledge of petitioner’s sustaining any medical,                               
            physical, or mental injuries, nor did petitioner present him with                         
            evidence of medical expenses.  Furthermore, none of the eight EEO                         
            complaints contained in the record alleges that petitioner                                
            incurred any type of physical injury or sickness as a result of                           
            the alleged discriminatory conduct.  Petitioner also testified                            
            that he had taken the initial steps to file a lawsuit against                             
            Colonel Franco for slander; however, the record contains no                               
            documentary evidence of this claim.  Mr. Soloman was not aware of                         
            any claim by petitioner that Colonel Franco had committed                                 
            slander.                                                                                  
                  Petitioners have not established that any portion of the                            
            $11,000 received pursuant to petitioner's settlement agreement                            
            with the Army is excludable from gross income.  Therefore,                                
            respondent is sustained on this issue.                                                    
                  We have considered all arguments by the parties, and, to the                        
            extent not discussed above, find them to be irrelevant or without                         
            merit.                                                                                    
                  To reflect the foregoing,                                                           

                                                            Decision will be entered                  
                                                      for respondent.                                 







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