- 8 - 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 andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011