William Joseph and Robin B. Westmiller - Page 2

                                        - 2 -                                         

          remaining issue is whether section 104(a)(2) allows petitioners             
          to exclude from their gross income $283,117 of settlement                   
          proceeds received from State Farm Insurance Company (State Farm).           
          We hold it does not.  Section references are to the Internal                
          Revenue Code in effect for the year in issue.  Rule references              
          are to the Tax Court Rules of Practice and Procedure.  Dollar               
          amounts are rounded.                                                        
               All facts have been stipulated and are so found.  The                  
          stipulated facts and the exhibits submitted therewith are                   
          incorporated herein by this reference.  Petitioners resided in              
          Thousand Oaks, California, when they petitioned the Court.  They            
          are husband and wife, and they filed a 1992 Form 1040, U.S.                 
          Individual Income Tax Return, using the filing status of "Married           
          filing joint return".                                                       
               Ms. Westmiller was a claimant in the class action lawsuit              
          (the Lawsuit) entitled Kraszewski, et al. v. State Farm Gen. Ins.           
          Co..  The Lawsuit was filed against State Farm in the U.S.                  
          District Court for the Northern District of California on June 1,           
          1979, on behalf of a class of women who alleged that State Farm             
          had engaged in sex discrimination during the recruitment, hiring,           
          and training of women for insurance sales agent positions within            
          California, in violation of title VII of the Civil Rights Act of            
          1964, Pub. L. 88-352, 78 Stat. 241, 253.                                    

Page:  Previous  1  2  3  4  5  Next

Last modified: May 25, 2011