- 14 - petitioner’s objections. On August 13, 1998, the Bankruptcy Court ruled from the bench that (1) respondent’s claims as to 1988 through 1991 were not dischargeable under section 523(a)(1)(C) of the Bankruptcy Code, and (2) respondent’s claim as to 1994 was allowed. In the course of this bench ruling, the Bankruptcy Court made the following observations: Turning to the second problem, the objection to the claim for 1994 tax liabilities, which proof of claim has been filed by the Internal Revenue Service. The claim, of course, enjoys a prima facia validity under 502 [of the Bankruptcy Code], the debtor [petitioner] then came forward and introduced evidence which if concluded by the trier of fact to be a scenario which was proven, would in fact defeat the claim. The debtor’s theory is, of course, that these monies were received not as income which is taxable but as damages under settlement agreement of what the debtor asserts is a cause of action that would be included under 26 U.S.C. 104(a)(2). The burden then of establishing the entitlement falls back to the claim holder. The facts are that the debtor had a stroke which for some period of time disabled the debtor and that while he was recuperating, his employer decided to terminate his employment, that there was a negotiated separation agreement which is in evidence as Government Exhibit 21, a part of which was a release and waiver of claims in evidence as Debtor’s Exhibit 1 and pursuant to which, the debtor was paid certain funds. The IRS would categorize these funds as, in effect, severance pay which is a taxable income. The debtor would categorize these funds as damages received by agreement on account of personal physical injuries or physical sickness, excludable from taxable income under 26 U.S.C. 104(a)(2). * * * * * * *Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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