John P. and Carolyn L. Raney - Page 2

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               After concessions,1 the issue to be decided is whether                 
          petitioners are entitled to exclude, pursuant to section                    
          104(a)(2), amounts received in settlement of a class action suit.           
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated for trial pursuant to           
          Rule 91.  The parties' stipulations of fact are incorporated                
          herein by reference and are found as facts in the instant case.             
               At the time they filed their petition in the instant case,             
          petitioners resided in El Dorado Hills, California.                         
               On June 1, 1979, a class action lawsuit, Kraszewski v. State           
          Farm Gen. Ins. Co., was filed against State Farm General                    
          Insurance Co., State Farm Mutual Automobile Insurance Co., State            
          Farm Life Insurance Co., and State Farm Fire and Casualty Co.               
          (State Farm) in the U.S. District Court for the Northern District           
          of California.2  The class representatives alleged that State               
          Farm had engaged in statewide discrimination in California in the           
          recruiting, hiring, and training of women for sales agent trainee           
          positions in violation of title VII of the Civil Rights Act of              

          1    In the notice of deficiency, respondent determined that, for           
          taxable year 1991, petitioners were liable for self-employment              
          tax in the amount of $5,381 and were entitled to a self-                    
          employment tax deduction in the amount of $2,690.  Subsequently,            
          the parties conceded that petitioners were not liable for the               
          self-employment tax and that petitioners were not entitled to the           
          self-employment tax deduction.                                              
          2    On Sept. 9, 1981, the District Court for the Northern                  
          District of California certified a class in Kraszewski to                   
          maintain the action.  See Kraszewski v. State Farm Gen. Ins. Co.,           
          27 Fair Empl. Prac. Cas. (BNA) 27 (N.D. Cal. 1981).                         




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