Wade H. Griffin, III - Page 2




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          $19,253.  The parties have resolved some of the adjustments that            
          were in controversy, and the following issues remain for our                
          consideration:  (1) Whether any portion of a $4,997,896 lawsuit             
          settlement is excludable under section 104(a)(2); (2) whether the           
          portion of the settlement paid to petitioner’s attorneys under a            
          contingency fee arrangement should be included in petitioner’s              
          gross income; and (3) whether petitioner is liable for an                   
          accuracy-related penalty under section 6662(a).                             
                                  FINDINGS OF FACT2                                   
               Petitioner resided in Mobile, Alabama, at the time his                 
          petition was filed in this case.  Petitioner purchased an                   
          automobile dealership in Mobile, Alabama, in 1982, and James R.             
          Jordan (Jordan) was his sales manager.  Around 1985, petitioner             
          was advised of the availability for sale of a Toyota automobile             
          dealership in Enterprise, Alabama.  Representations were made by            
          the sellers to petitioner concerning the amount of vehicles sold            
          each month and the profits that could be expected.  Petitioner              
          and Jordan became interested in purchasing the Toyota dealership            
          and provided personal information to the sellers, Toyota-GMC of             
          Enterprise, Inc., an Alabama corporation.  Petitioner and Jordan            


               1(...continued)                                                        
          consideration, and Rule references are to this Court’s Rules of             
          Practice and Procedure.                                                     
               2 The parties’ stipulations of fact and exhibits are                   
          incorporated by this reference.                                             





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