Franklin P. and Nona Coady - Page 2

                                        - 2 -                                         

          compensation for a wrongful termination, or a lesser amount that            
          is net of the legal fees and other costs that she incurred to               
          recover this award.  We hold it is the greater amount.  Unless              
          otherwise stated, section references are to the Internal Revenue            
          Code in effect for the year in issue.  Rule references are to the           
          Tax Court Rules of Practice and Procedure.  Dollar amounts are              
          rounded to the nearest dollar.                                              
                                     Background                                       
               All facts have been stipulated.1  The stipulated facts and             
          the exhibits submitted therewith are incorporated herein by this            
          reference.  When petitioners petitioned the Court, they resided             
          in Lake Havasu City, Arizona.  They are husband and wife, and               
          they filed a 1994 Form 1040, U.S. Individual Income Tax Return,             
          using the filing status of "Married filing joint return".                   
               On May 5, 1990, Ms. Coady was discharged from her employment           
          with Alaska Housing Finance Corporation (AHFC).  Thereafter,                
          while she resided in Alaska, she retained an attorney in the                
          Alaska office of the law firm of Hellen, Partnow & Condon (HPC)             
          to represent her in a wrongful termination suit against AHFC.               
          According to the terms of that representation:                              
                    [Ms. Coady is] responsible for all costs incurred,                
               e.g. filing fees, long distance telephone calls,                       

               1 Petitioners ask the Court to find a fact from a letter               
          that they attached to their posttrial brief.  We decline to do              
          so.  This letter is not evidence.  Rule 143(b); see also Boyd               
          Gaming Corp. v. Commissioner, T.C. Memo. 1997-445.                          




Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011