Ronald J. and Linda Gabriel - Page 18




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          received by petitioner in 1992 is not derived under a “workmen’s            
          compensation act” under section 104(a)(1) and thus not excludable           
          from gross income.                                                          
               We have considered all of the other arguments made by                  
          petitioners, and, to the extent we have not addressed them, find            
          them to be without merit.                                                   
               Accordingly, for the reasons stated above, the Court denies            
          petitioners’ cross-motion for summary judgment and grants summary           
          judgment in favor of respondent.                                            
               To reflect the foregoing,                                              


          An appropriate order and decision                                           
          will be entered.                                                            

























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