-3- Background All facts were stipulated.1 The stipulated facts and the exhibits submitted therewith are incorporated herein by this reference. Petitioners are husband and wife. They resided in Munith, Michigan, when their petition was filed. Petitioners timely filed a joint 1999 Federal income tax return. They did not report on that return that petitioner had received $30,000 from General Motors, Inc. (GM) during 1999 stemming from a complaint that she had filed in the Michigan Circuit Court for the County of Wayne against GM and one of its employees, James Pennington (Pennington). The complaint alleged that petitioner’s suit was one “of trespass” and asserted that GM and Pennington were liable to petitioner for sexual harassment primarily in violation of the Elliott-Larsen Civil Rights Act, Mich. Comp. Laws, secs. 37.2101-37.2804 (2001). The complaint contained three counts, one against GM and Pennington, and the other two against GM alone. With respect to all three counts, petitioner prayed solely for an award of “damages for mental anguish, humiliation, embarrassment, and loss of benefits and other economic advantages of employment.” Petitioner’s complaint against GM and Pennington went to mediation before trial. Following mediation, GM settled this 1 Petitioners attached to their brief an affidavit of their counsel. We give no consideration to this affidavit. See Rule 143(b).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011