Alain and Monique Massot - Page 12




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            Mr. Massot as ‘damages,’ the parties agree that each will be                               
            responsible for its (or his) own tax liability.”                                           
            Settlement Payment                                                                         
                  In accordance with the agreement, on November 30, 1992,                              
            Millipore transferred (by wire) $600,000 in French francs to                               
            petitioner’s French bank account and deposited $150,000 into an                            
            escrow account at the Bank of Boston.                                                      
           Treatment of Settlement Proceeds                                                            
                 Millipore did not report the $600,000 settlement proceeds as                          
           “wages, tips, other comp.” on the 1992 Form W-2 it issued to                                
           petitioner; petitioners did not report the $600,000 settlement                              
           proceeds as income on their 1992 tax return.                                                
                                              OPINION                                                  
                 The sole issue for decision is whether the $600,000 petitioner                        
           received as a result of the termination of his employment is                                
           excludable from petitioners' 1992 gross income as section 104(a)(2)                         
           damages received on account of personal injury or sickness.                                 
                 Except as otherwise provided, gross income includes income from                       
           all sources.  See sec. 61; Commissioner v. Glenshaw Glass Co., 348                          
           U.S. 426, 429-430 (1955). Petitioners’ settlement proceeds                                  
           constitute gross income unless expressly excepted by another Code                           
           provision.  See Commissioner v. Schleier, 515 U.S. 323, 328 (1995);                         
           Rozpad v. Commissioner, 154 F.3d 1, 3 (1st Cir. 1998), affg. T.C.                           
           Memo. 1997-528.                                                                             






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