- 10 - We have considered all of petitioners' remaining arguments and find them to be without merit.6 As we have concluded that petitioner's claim was not based upon tort or tort type rights, we need not address the second requirement of Commissioner v. Schleier, supra, regarding the nature of damages. Accordingly, we conclude that petitioners are not entitled to exclude from gross income any part of the State Farm payment pursuant to section 104(a)(2).7 To reflect the foregoing, Decision will be entered under Rule 155. 6 Petitioners argue, inter alia, that, pursuant to sec. 3509, respondent should look to State Farm for the tax liability on the State Farm payment. Petitioner, however, has never been an employee or trainee of State Farm. Accordingly, as to petitioner, State Farm has no duty to withhold taxes pursuant to sec. 3509. 7 Our opinion herein is consistent with prior decisions of this Court, which similarly held that settlement proceeds received pursuant to the Kraszewski litigation were not excludable from gross income under sec. 104(a)(2). See Clark v. Commissioner, T.C. Memo. 1997-156; Martinez v. Commissioner, T.C. Memo. 1997-126; Fredrickson v. Commissioner, T.C. Memo. 1997-125.Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011