Edward P. Knoll and Mary K. King-Knoll - Page 26

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               We have held that the $116,000 in lump-sum payments was a              
         severance payment to petitioner.  There is no evidence that a                
         Form K-1 was issued by Winston with respect to the $116,000.                 
         Indeed, petitioner and Winston attempted to treat the $116,000 as            
         settlement of petitioner’s personal injury claims. Petitioner was            
         no longer an employee or partner of Winston.  The purpose of the             
         negotiation was to effect the severance of petitioner’s                      
         relationship from Winston, and the final settlement and payment              
         were the culmination of the severance.  Moreover, the final                  
         settlement agreement and the $116,000 payment represented the                
         final settlement of all of the parties’ rights and obligations in            
         the relationship and in no way were intended to represent                    
         petitioner’s share of partnership income.  Accordingly, the                  
         receipt of both payments during December 1994 by petitioner, a               
         cash basis taxpayer, results in income taxable in petitioner’s               
         1994 tax year, and we so hold.                                               
         II.  Were Payments Totaling $48,420 Received by Petitioner                   
               Prior to The Final Settlement Nontaxable Loans or                      
               Taxable Advances?                                                      
               Petitioner contends that five payments totaling $48,420 and            
         received between June 1992 and January 1993 were loans from                  
         Winston.  His contention is based on the premise that he would               
         have been required to repay the amounts received, if a settlement            
         agreement had not been reached.  Petitioner also contends that if            
         the advances are held to be income, they should not be considered            






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