William J. Goeden and Carol S. Goeden - Page 2

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          Addition to Tax                              Penalty                        
          Year      Deficiency      Sec. 6661             Sec. 6662(a)                
          1988      $8,760              $2,190              ---                       
          1989      2,423               ---                 $485                      
          1990      7,532               ---                 1,506                     
               Petitioners have alleged and claimed in their petition that,           
          based on their amended Federal income tax returns for 1988, 1989,           
          and 1990, they are entitled to refunds for those years in the               
          amounts of $896, $1,567, and $1,574, respectively.                          
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the years in issue.  All            
          Rule references are to the Tax Court Rules of Practice and                  
          Procedure.                                                                  
               After concessions by respondent,1 the issues to be decided             
          are:  (1) Whether all or any part of the payments received in the           
          years 1988 through 1990 by petitioner William J. Goeden from                
          State Central Credit Union, pursuant to a settlement agreement,             
          is excludable from gross income under section 104(a)(2) as                  
          damages received on account of personal injuries; (2) whether               
          petitioners are entitled to deduct any part of attorney's fees              

               1    Respondent has conceded that the value of health and              
          life insurance coverage received by petitioner from State Central           
          Credit Union during the years in issue is excludable from gross             
          income.  Respondent has also conceded that, to the extent                   
          attorney's fees were paid in 1988 for the purpose of obtaining              
          taxable income, petitioners are entitled to deduct such fees as a           
          miscellaneous itemized deduction in that year.                              




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