Ronald N. and Karen M. Gross - Page 2




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          under section 104(a)(2)2 three sets of payments received during                
          the years at issue pursuant to a settlement agreement.                         
                                    FINDINGS OF FACT                                     
               Some of the facts have been stipulated and are so found.                  
          The stipulation of facts is incorporated herein by this                        
          reference.  Petitioners are married and resided in Brooklyn Park,              
          Minnesota, at the time the petition was filed.  References to                  
          petitioner are to Ronald N. Gross.                                             
          Petitioner’s Employment at Okabena Co.                                         
               Petitioner is a certified public accountant.  In October                  
          1977, petitioner accepted a position as staff accountant at                    
          Okabena Co. (Okabena).  In 1980, petitioner was promoted to vice               
          president of administration, and in 1990, petitioner was promoted              
          to executive vice president of administration.  At no time during              
          petitioner’s employment did Okabena have more than 15 employees.               
               On April 6, 1993, a female employee at Okabena made a sexual              
          harassment claim against petitioner to the president of Okabena,               
          Bruce Lueck.  That same day, Mr. Lueck informed petitioner of the              
          allegations, and, upon advice of counsel, Okabena began an                     
          investigation.  On April 7 and 8, 1993, Okabena’s outside legal                
          counsel interviewed each female employee of Okabena regarding                  



               2All section references are to the Internal Revenue Code in               
          effect for the years in issue, and all Rule references are to the              
          Tax Court Rules of Practice and Procedure.  Monetary amounts are               
          rounded to the nearest dollar.                                                 




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