Steven P. and Maureen Cade - Page 2




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               We must decide whether section 104(a)(2) allows petitioners            
          to exclude from their gross income certain proceeds received in             
          settlement of a lawsuit.  We hold it does not.  Unless otherwise            
          indicated, section references are to the Internal Revenue Code              
          applicable to 1993, and Rule references are to the Tax Court                
          Rules of Practice and Procedure.  The term “petitioner” refers to           
          Steven P. Cade.                                                             
                                     Background                                       
               All facts have been stipulated.  The stipulation of facts              
          and the exhibits submitted therewith are incorporated herein by             
          this reference.  Petitioners are husband and wife, and they                 
          resided in Carlsbad, California, when we filed their petition.              
          They filed a joint 1993 Federal income tax return.                          
               On August 17, 1990, petitioner agreed with CG Merger Corp.             
          (CG Merger) to sell to it for $850,000 all of the stock of Cade-            
          Grayson Co. (CGC).  CGC Merger’s shareholders were John R. Heller           
          (Mr. Heller), Heller Seasonings & Ingredients, Inc. (Heller                 
          Seasonings), and the James R. Heller Trust (Heller Trust)                   
          (collectively, Heller Group).  Petitioner and CGC also agreed on            
          that date that petitioner would serve as CGC’s president and                
          chief executive officer for five years in exchange for (1) an               
          annual salary, (2) incentive compensation, (3) supplemental                 
          incentive compensation, (4) life, disability, and health                    
          insurance, (5) perquisites and expense reimbursements, and (6)              






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