Fred Henry - Page 56




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                    Q   So consequently, if it was not for personal                    
               injury, then it would be includable, in your under-                     
               standing?                                                               
                    A   Could you readdress that again?  If it wasn't                  
               --                                                                      
                    Q   If the damage award was received for a cause                   
               of action which was not for personal injury, would that                 
               money be includable into income?                                        
                    A   Yes.  I would think so.  Without seeing the                    
               actual, you know, ramifications of that thing, I would                  
               think so.                                                               
                    Q   What is your definition of personal injury?                    
                    A   In the case of Mr. Henry?                                      
                    Q   I'm just asking you for a definition of per-                   
               sonal injury.  You --                                                   
                    A   Okay.  In the case --                                          
                    Q   -- referred to that term.                                      
                    A   Okay.  In the case that we have with Mr. Henry                 
               it was for, basically, his character.  He was ruined.                   
                    Q   He was -- excuse me?                                           
                    A   He was ruined.                                                 
               The record establishes that Mr. Gargiulo did not make the               
          determination that Mr. Henry received the $1,623,203 settlement              
          payment from du Pont as damages for personal injury.  To the                 
          contrary, it was Mr. Henry who informed Mr. Gargiulo about the               
          character of that payment.  On the instant record, petitioner has            
          failed to show that he provided correct information to Mr.                   
          Gargiulo, his return preparer, and that the failure to include               






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