James W. Taylor - Page 6




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          grievances against CWU in addition to the grievance that                    
          pertained to his shoulder injury.  Petitioner's own testimony               
          shows that these four grievances were not filed on account of               
          physical injury but instead were filed because petitioner claimed           
          that he was being subjected to unfair labor practices.  We find             
          that he has failed to prove that any of these four grievances               
          were tort type claims for personal injuries.                                
               From this record, we cannot determine the amount, if any, of           
          the settlement payment allocable to tort type claims for personal           
          injuries.  The agreement contains broad language relieving CWU              
          from liability, and the settlement agreement does not                       
          specifically allocate any portion of the amount paid to                     
          petitioner's shoulder injury.  Under these circumstances, we hold           
          that the payment from CWU is not excludable from petitioner's               
          1993 gross income.  See Taggi v. United States, 35 F.3d 93, 96              
          (2d Cir. 1994).                                                             
          2.  Schedule C Deductions                                                   
               After leaving CWU, petitioner engaged in an activity known             
          as "Total Video".  The purpose of this activity was to produce              
          videos.  On the Schedule C attached to his 1993 Federal income              
          tax return, petitioner claimed the following deductions with                
          respect to the video activity:                                              









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