Sandra G. Venable - Page 2

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               I.R.C., or for medical care attributable to emotional                  
               distress as required by the flush language of sec.                     
               104(a), I.R.C.                                                         


               Hans I. Lindberg, for petitioner.                                      
               Gerald L. Brantley, for respondent.                                    


                                 MEMORANDUM OPINION                                   

               WHERRY, Judge:  Respondent determined a Federal income tax             
          deficiency for petitioner’s 1998 taxable year of $157,357.                  
          Respondent also determined an accuracy-related penalty under                
          section 6662(a) of $31,471 for 1998.  After concessions, the                
          issue for decision is whether damages petitioner received in                
          satisfaction of a lawsuit judgment are includable in her gross              
          income for 1998.                                                            
               Unless otherwise indicated, all section references are to              
          the Internal Revenue Code in effect for the year in issue, and              
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  
                                     Background                                       
               This case was submitted fully stipulated pursuant to Rule              
          122.  The stipulations of the parties, with accompanying                    
          exhibits, are incorporated herein by this reference.  At the time           
          the petition was filed in this case, petitioner resided in The              
          Woodlands, Texas.                                                           





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