Eldon R. Kenseth and Susan M. Kenseth - Page 2

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               declines to follow the reasoning of the Federal Courts                   
               of Appeals in Estate of Clarks v. United States, 202                     
               F.3d 854 (6th Cir. 2000), and Cotnam v. Commissioner,                    
               263 F.2d 119 (5th Cir. 1959), revg. in part and affg.                    
               in part 28 T.C. 947 (1957).                                              

               Cheryl R. Frank, Chaya Kundra, and Gerald W. Kelly, Jr., for             
               George W. Bezold, for respondent.                                        

               RUWE, Judge:*  Respondent determined a deficiency of $55,037             
          in petitioners’ 1993 Federal income tax.  The sole issue for                  
          decision is whether petitioners’ gross income includes the                    
          portion of the settlement proceeds of a Federal age                           
          discrimination claim that was paid as the attorney’s fees of                  
          Eldon R. Kenseth (petitioner) pursuant to a contingent fee                    
                                   FINDINGS OF FACT                                     
               The parties have stipulated some of the facts, and the                   
          stipulations of facts and the attached exhibits are incorporated              
          in this opinion.  At the time of filing their petition,                       
          petitioners resided in Cambridge, Wisconsin.                                  
               In a complaint filed with the Wisconsin Department of                    
          Industry, Labor, and Human Relations (DILHR) in October 1991,                 
          petitioner alleged that on March 27, 1991, APV Crepaco, Inc.                  

               *This case was reassigned to Judge Robert P. Ruwe by order               
          of the Chief Judge.                                                           

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