Willie Mae Barlow Davis - Page 2

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               All section references are to sections of the Internal                 
          Revenue Code in effect for the year at issue, and all Rule                  
          references are to the Tax Court Rules of Practice and Procedure,            
          unless otherwise indicated.                                                 
               Respondent determined a deficiency in petitioner's Federal             
          income tax of $1,441,736 for the taxable year 1992.  Petitioner             
          resided in Hayneville, Alabama, at the time the petition was                
          filed in this case.                                                         
               The parties agree that this case may be resolved in its                
          entirety via summary judgment.  The issues remaining for decision           
          are whether punitive damages received by petitioner are includ-             
          able in income and whether the amounts paid for attorney's fees             
          should be excluded from petitioner's income.                                
                                     Background                                       
               The background facts related below are derived from the                
          pleadings filed in this case, affidavits filed by respondent's              
          counsel and petitioner's counsel, the parties' uncontroverted               
          written representations, and the exhibits attached thereto.                 
               During 1987 and 1988, petitioner owned a home in Alabama               
          where she resided.  During this time, American Home Improvement             
          Services of Alabama, Inc. (American Home), was in the business of           
          making home improvements and arranging for the financing of home            
          improvements.  Also during this time, Union Mortgage Co. (Union)            
          made mortgage loans in Alabama.                                             






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