- 2 - 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 Tech). 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011