Nancy J. Hukkanen-Campbell - Page 5




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          petitioner’s legal fees and costs totaling $73,399.25 were                  
          deductible as a miscellaneous itemized deduction, subject to the            
          2-percent floor under section 67.  Respondent did not allow the             
          miscellaneous itemized deduction for legal fees in computing                
          petitioner’s alternative minimum taxable income.  Thus, under               
          respondent’s determination, petitioner would be subject to                  
          alternative minimum tax (AMT), under sections 55 and 56, of                 
          $17,402.  Petitioner contends that the $150,000 award is                    
          excludable from income, or alternatively, if the award is not               
          excludable, the portion of the award paid as attorney’s fees is             
          excludable from income, and petitioner is not liable for AMT.               
          Excludability of Title VII Judgment Proceeds                                
               We must first decide whether petitioner’s title VII judgment           
          proceeds are excludable from gross income.  Except as otherwise             
          provided, gross income includes income from all sources.  See               
          sec. 61(a); Commissioner v. Glenshaw Glass Co., 348 U.S. 426                
          (1955).  Although section 61(a), concerning the inclusion of                
          income, has been broadly construed, statutory exclusions from               
          income have been more narrowly construed.  See Commissioner v.              
          Schleier, 515 U.S. 323, 327-328 (1995); Kovacs v. Commissioner,             
          100 T.C. 124, 128 (1993), affd. without published opinion 25 F.3d           
          1048 (6th Cir. 1994).                                                       
               One such statutory exclusion appears in section 104(a)(2).             
          Under section 104(a)(2), gross income does not include “the                 





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