Sandra G. Venable - Page 19

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          sickness, except to the limited extent of allowing an exclusion             
          for damages up to the amount paid for medical care necessitated             
          by emotional distress.  Petitioner is unable to take advantage              
          even of this limited exception because there is no evidence of              
          how much, if anything, she spent to obtain medical care.  Thus,             
          the Court holds that petitioner is not entitled under section 104           
          to exclude from income any portion of the payment she received              
          pursuant to the malicious prosecution lawsuit.                              
               To reflect the foregoing and concessions by the parties,               
          which, inter alia and as noted previously, resolved the section             
          6662(a) penalty issue,                                                      

                                                  Decision will be entered            
                                             under Rule 155.                          























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Last modified: May 25, 2011