- 2 - decision is whether $20,000 paid to petitioner in 1990 by his former employer is excludable from gross income under section 104(a)(2). The resolution of this issue depends upon whether petitioner's former employer intended the payment to compensate him for personal injury arising from a tort or tort type claim. Undisputed Factual Background Some of the facts have been stipulated, and they are so found. At the time the petition was filed, petitioner resided in Springfield, Missouri. In June 1989, petitioner, an attorney who apparently did not practice law during the year in issue, was hired as the vice president of institutional marketing and sales for Comprehensive Marketing Systems, Inc. (CMS). During the relevant periods CMS specialized in subservicing poorly performing loans for other financial institutions. During 1990, CMS earned gross receipts totaling approximately $12 million from 8 to 10 different loan servicing contracts. Petitioner was hired by James Griffin, the president and sole shareholder of CMS, to develop a plan to market loan servicing to financial institutions in the mortgage lending and servicing business. CMS anticipated that petitioner's sales and marketing plan would generate revenues through the acquisition of additional loan servicing contracts.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011