Gary A. Simko - Page 4

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          The mediation summary does not address the tort type claims                 
          raised by petitioner in his complaint, and does not discuss any             
          personal injury suffered by petitioner.  The mediation panel,               
          upon evaluation of each party's respective position, decided that           
          United should pay petitioner $20,000 in damages.  On March 15,              
          1990, petitioner and United agreed to accept the mediation                  
          panel's evaluation, and entered a stipulation and order for                 
          dismissal.  Petitioner signed a settlement statement on April 6,            
          1990, acknowledging his receipt of the settlement proceeds (less            
          attorney's fees and expenses).  The statement of settlement does            
          not identify or place a value on the specified claims of                    
          petitioner.                                                                 
                                       OPINION                                        
               As a general rule, the Commissioner's determinations are               
          presumed correct, and the taxpayer bears the burden of proving              
          that those determinations are erroneous.  Rule 142(a); Welch v.             
          Helvering, 290 U.S. 111, 115 (1933).  Except as otherwise                   
          provided, gross income includes income from all sources.  Sec.              
          61(a); Commissioner v. Glenshaw Glass Co., 348 U.S. 426 (1955).             
          In this regard, statutory exclusions from income must be narrowly           
          construed.  Commissioner v. Schleier, 515 U.S. __, __, 115 S. Ct.           
          2159, 2163 (1995).                                                          
               Section 104(a)(2) excludes from gross income "the amount of            
          any damages received (whether by suit or agreement * * *) on                
          account of personal injuries or sickness".  This exclusion is               




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