DeForest and Rose M. Dorroh - Page 11

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          SF 50 is part and parcel of the mediation agreement and,                    
          therefore, establishes that the $60,000 represented payment for             
          personal physical injuries.5  The Court rejects that argument.              
          The mediation agreement carefully recites the various bases upon            
          which settlement was reached.  Petitioner's on-the-job injury is            
          not listed in the mediation agreement.  Indeed, if petitioner's             
          contention is correct, and the work-related injury is deemed to             
          have been part of the mediation agreement, such a conclusion                
          could seriously impair petitioner's entitlement to worker's                 
          compensation benefits because the agreement was intended to                 
          settle all differences between the parties.  Petitioner, however,           
          at the time of trial, continued pursuing her worker's                       
          compensation case.  On this record, the Court is satisfied that             
          the $60,000 payment to petitioner by DFAS did not include any               
          amount for physical injuries or physical suffering.  Respondent,            
          therefore, is sustained on this issue.                                      
               The final issue is whether petitioners are liable for the              
          accuracy-related penalty under section 6662(a) for a substantial            
          understatement in tax or for negligence or disregard of rules and           
          regulations.  Section 6662(a) provides that, if it is applicable            
          to any portion of an underpayment in taxes, there shall be added            


               5    As noted earlier, SF 50, in the Remarks portion, stated           
          that petitioner was resigning her employment because of "medical,           
          mental, and physical trauma".                                               





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