George W. Earnshaw - Page 9




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          debt would be damages excludable from gross income under section            
          104(a)(2).  We agree with respondent that nothing in the record             
          would support that claim.                                                   
               Petitioner asserts that respondent should have conceded this           
          case at the conclusion of trial but that respondent’s counsel               
          refused to do so, allegedly based on a posttrial ex parte                   
          communication with the Court.  At the conclusion of trial, as               
          reflected in the transcript, the Court directed respondent’s                
          counsel to brief cases dealing with settled or compromised                  
          claims.  No off-the-record or ex parte communications between the           
          Court and respondent’s counsel have occurred.  Respondent’s brief           
          discusses the evidence and case law supporting respondent’s                 
          position.  Petitioner has not complied with the Court’s order or            
          rules concerning briefs.                                                    
               Petitioner has also complained that MBNA presumably received           
          a deduction for the amount reported on Form 1099-C as income to             
          petitioner.  MBNA’s tax liability is not before the Court.  It is           
          unnecessary, in any event, that a correlation exists between                
          petitioner’s income, as a cash basis taxpayer, and deductions of            
          MBNA, presumably an accrual basis taxpayer.  Other arguments and            













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