Barbara Bond - Page 2

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               After a concession by respondent,1 the issue for decision is           
          whether petitioner may exclude from income under section                    
          104(a)(2) $25,000 that she received in 2002 in settlement of a              
          lawsuit.  We hold that she may not.                                         
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          A.   Petitioner                                                             
               Petitioner lived in Florida when she filed the petition.               
          She was formerly employed in Indiana by Ivy Tech College (Ivy               
          B.   Petitioner’s Claims Against Ivy Tech                                   
               In 2001, petitioner filed employment discrimination charges            
          with the Equal Employment Opportunity Commission (EEOC) against             
          Ivy Tech and sued Ivy Tech in the U.S. District Court for the               
          Northern District of Indiana.  Petitioner alleged in her lawsuit            
          that she had been damaged by unlawful acts or practices by Ivy              
          Tech arising from her employment with Ivy Tech and sought damages           
          and other relief.                                                           
          C.   Petitioner’s Illness and Injuries                                      
               In 2002, petitioner’s doctors diagnosed carpal tunnel                  
          syndrome and ordered her not to use her right hand.  Petitioner             

               1  Respondent conceded at trial that petitioner is not                 
          liable for the accuracy-related penalty under sec. 6662(a).                 
          Unless otherwise indicated, section references are to the                   
          Internal Revenue Code as amended and in effect during 2002.  Rule           
          references are to the Tax Court Rules of Practice and Procedure.            

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