Emanoil and Magdalena Gantea - Page 3

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          1999 Federal income tax.  The issue is whether petitioners may              
          exclude from gross income under section 104(a)(2) payments                  
          received by petitioner Emanoil Gantea (petitioner) from his                 
          employer pursuant to a settlement agreement.  Petitioners resided           
          in Womelsdorf, Pennsylvania, at the time the petition was filed.            
                                     Background                                       
               Petitioner was employed with the Dana Corporation (Dana).              
          Petitioner experienced a work-related injury.  Dana sponsored a             
          program for employees who suffered injuries and are disabled, to            
          some extent, as a result of work-related injuries.  Employees in            
          the so-called Restricted Duty Program were required to report to            
          work and remain in a restricted duty area for the entire work               
          day.  Participants in this program were assigned there in lieu of           
          receiving workers’ compensation benefits.                                   
               On March 24, 1995, petitioner, as a member of a class action           
          suit, filed a complaint in the Pennsylvania Court of Common Pleas           
          of Berks County alleging three separate causes of action.  First,           
          petitioner alleged that Dana violated the Pennsylvania Wire                 
          Tapping and Electronic Surveillance Control Act, 18 Pa. Cons.               
          Stat. Ann. sec. 5725 (West 2003), by surreptitiously placing a              
          video camcorder in the restricted duty area for audio and visual            
          surveillance of the employees.  Second, petitioner alleged that             
          Dana invaded petitioner’s privacy when Dana posted on a bulletin            
          board at Dana’s employee information centers documents containing           






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