Gerald Dennis Strong - Page 15




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                    If this was found to be a payment to settle a                     
               claim under the ADA, the Court is not convinced that                   
               such payment would be, by law, excludable from income                  
               under 104(a)(2).  Neither counsel has provided to this                 
               Court any decision dealing with an ADA settlement and                  
               the Court has not been able to find one by itself.                     
                        *     *     *     *     *     *     *                         
          [The Bankruptcy Court thereupon analyzed Commissioner v.                    
          Schleier, 515 U.S. 323 (1995), and United States v. Burke, 504              
          U.S. 229 (1992).]                                                           
                    And so, under the facts of the instant case before                
               this Court, the compensation is not excludable as a                    
               matter of law under 104(a)(2).  For these reasons, the                 
               Court denies the objection to claim filed and allows                   
               the claim of the IRS for the 1994 tax debt.  Mr.                       
               Wilkinson, you will draw the orders.                                   
                    (Whereupon, the case was concluded.)                              
               The Bankruptcy Court memorialized this ruling by an order              
          entered August 25, 1998, which provides, in pertinent part, as              
          follows:                                                                    
                    ORDERED that the debtor’s tax liabilities for the                 
               years 1988, 1989, 1990, and 1991 are non-dischargeable                 
               under 11 U.S.C. � 523(a)(1)(C);                                        
                    ORDERED that the debtor’s objection to the                        
               Internal Revenue Service’s claim for 1994 income tax is                
               overruled, and that the claim is ALLOWED;                              
          Petitioner did not appeal the order, which has become final.                
               U.S. Department of Justice attorney James J. Wilkinson                 
          (hereinafter sometimes referred to as Wilkinson) represented                
          respondent in petitioner’s bankruptcy case.                                 








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