James T. Sinyard and Monique T. Sinyard - Page 8

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               With respect to the portions of the settlement award                   
          allocated to tort claims of the class plaintiffs and attorney's             
          fees, IDS issued a single check directly to Winthrop and                    
          Weinstine in the total amount of $23,783,333, of which                      
          $12,616,666 represented the portion allocated to tort damages and           
          $11,166,666 represented the portion allocated to attorney's fees.           
          The total proceeds from this check were deposited into a trust              
          account on behalf of the class action plaintiffs.                           
               In the instant case, the parties have stipulated that the              
          $862,906 that petitioner received under the above settlement is             
          allocable as follows:                                                       

                    $273,573 --- Back wages and taxable as ordinary income;           
                    $109,429 --- Tort damages and excludable from income;             
                    $164,144 --- Tort damages and includable in income;               
                    $ 63,152 --- Attorney's fees attributable to tort                 
                              damages excludable from income and                      
                              therefore also excludable from income;                  
                    $252,608 --- Attorney's fees attributable to taxable              
                              portion of funds received and the tax                   
                              treatment of which is in dispute herein.                
                                                                                     
               On their 1992 individual joint Federal income tax return, of           
          the total $862,906 in funds that was received from IDS on                   
          petitioner’s behalf, petitioners did not report as income the               
          $252,608 portion of the funds that was attributable to attorney's           
          fees allocable to the taxable portion of the funds received.                
               On audit, respondent determined that the $252,608 relating             
          to attorney's fees constituted taxable income to petitioners and            






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