- 8 - Issue 2. Taxability of Settlement Proceeds From Fishing Lawsuit On June 7, 1986, Mr. Norton was fishing for herring on Norton Sound by means of a beach seine. The open period for herring fishing on that date was 3 hours. While Mr. Norton and his crew were hauling in herring, they were informed by State Trooper John Harman (Officer Harman) that because the lead line was not fully on the beach as of the end of the 3-hour fishing period, they had to release their catch. Despite vigorously disputing Officer Harman’s claim, Mr. Norton complied. As a result, Mr. Norton was dispossessed of approximately 150 tons of herring valued in excess of $100,000 and was denied “fish tickets”, which are used for the subsequent assignment of limited entry fishing permits. (These permits are awarded by the Alaska Limited Entry Fisheries Commission (the commission) based upon the amount of fish landed and allow commercial fishermen to maintain and expand their fishing privileges.) On June 2, 1988, Mr. Norton filed a lawsuit against Officer Harman (both individually and as a trooper of the State of Alaska Department of Public Safety, Division of Fish and Wildlife Protection) and the State of Alaska (the Harman lawsuit), seeking monetary and declaratory relief. The complaint contained six counts: (1) Trespass to chattels; (2) conversion; (3) negligence; (4) punitive damages; (5) deprivation of civil rights; and (6) aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011