- 7 - 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:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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