- 7 - The defendants were unable to pay the judgment and separately filed voluntary petitions for bankruptcy under Chapter 11 of the U.S. Bankruptcy Code. On July 12, 1989, the parties, after considering the bankruptcies and the financial condition of the defendants, entered into a settlement agreement under which Carrera received a lump sum payment of $331,250. Also, defendants issued a promissory note to Mr. Anderson and Carrera in the amount of $325,000 to be paid over 5 years along with 10.75-percent interest. As part of the settlement agreement Mr. Anderson and Carrera were to be paid periodically over 60 months with a stipulation that Carrera would receive payments until its proportionate share of the damages, as determined by the original verdict, was satisfied in full. During the 1993 tax year petitioners received monthly payments totaling $74,857. Petitioners did not include the payments in their 1993 income tax; however, they submitted a disclosure statement maintaining that the amount received was on account of personal injuries and therefore excludable under section 104(a)(2). During the 1994 tax year petitioners received monthly payments totaling $47,464. Petitioners did not include the payments in their 1994 income tax; however, they submitted a disclosure statement maintaining that the amount received wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011