- 4 -
deduct $56,762 as a miscellaneous itemized deduction subject to
the 2-percent floor of section 67. Respondent concedes that the
$56,762 amount should be increased to $57,702, to reflect the
amount retained by Ms. Westmiller's attorneys.
Discussion
The instant case requires the Court to revisit the
taxability of proceeds received by a claimant who was a member of
the class of plaintiffs in Kraszewski v. State Farm Gen. Ins.
Co., supra. In each of our prior cases, we held that none of the
proceeds were excludable from the petitioning taxpayer's gross
income. See Reiher v. Commissioner, T.C. Memo. 1998-75; Easter
v. Commissioner, T.C. Memo. 1998-8; Brewer v. Commissioner, T.C.
Memo. 1997-542; Gillette v. Commissioner, T.C. Memo. 1997-301;
Hayes v. Commissioner, T.C. Memo. 1997-213; Hardin v.
Commissioner, T.C. Memo. 1997-202; Raney v. Commissioner, T.C.
Memo. 1997-200; Clark v. Commissioner, T.C. Memo. 1997-156;
Berst v. Commissioner, T.C. Memo. 1997-137; Martinez v.
Commissioner, T.C. Memo. 1997-126; Fredrickson v. Commissioner,
T.C. Memo. 1997-125. We hold similarly today. Petitioners have
presented no new arguments which would change our view on the
instant issue, and we continue to adhere to our view as espoused
in those memorandum opinions for the reasons stated therein.2
2 Petitioners ask the Court to allow them to recognize
one-sixteenth of this income in each year from 1977 to 1992
(continued...)
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