Jack and Janet Freeman - Page 7




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             to Thrifty's breach of the covenant of good faith and fair               
             dealing was the only cause of action as to which the jury                
             found for petitioner and awarded damages.  Petitioner's                  
             final award, including interest, totaled $314,173.91.                    
                  Thrifty issued a check dated August 11, 1994, in the                
             amount of $314,173.91 in full satisfaction of the judgment               
             against it.  The check was made payable jointly to                       
             petitioner and his attorneys.                                            
                  Petitioner's attorney, Mr. Greenberg, received                      
             Thrifty's check.  He deducted his fees of $114,532.39 from               
             the award, as authorized by the retainer agreement, and                  
             disbursed the remaining proceeds of Thrifty's payment,                   
             $199,641.52, to petitioner by check dated August 26, 1994.               
             Mr. Greenberg also issued a check to petitioner in the                   
             amount of $62.69 to reimburse him for unused cost advances.              
                  Petitioners timely filed their 1994 Federal income tax              
             return, but they did not include any portion of the jury                 
             award in their gross income.  Respondent issued a notice of              
             deficiency to petitioners.  Among other adjustments,                     
             respondent determined that petitioners should have included              
             the entire jury award of "$314,174.00" in their gross                    
             income for 1994.  The notice of deficiency states in part                
             as follows:                                                              








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