George G. Green - Page 16

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          “This amount [$161,988] represents payments received for non-               
          punitive damages via Metropolitan Life.  No Form 1099 was issued,           
          further supporting Taxpayer’s position that such amount is not              
          taxable.  See attached statement for further clarification of               
          Taxpayer’s position.”  The attached statements were as follows:             
               The Settlement Agreement included additional damages                   
               associated with the Final Judgment in Cause No.                        
               480,701, be provided to George Green (Plaintiff) from                  
               annuity contracts purchased by the State of Texas, the                 
               owner of the annuities as follows:                                     
               (Non-punitive) 1.  “The State shall fund annuities for                 
                              additional damages associated with the                  
                              Final Judgment in Cause No. 480,701                     
                              which in turn shall pay to Plaintiff                    
                              monthly installments . . . in the amount                
                              of $13,499”. ($161,988 yr)                              
               (Punitive)     2.  “For all other damages, including                   
                              punitive, pre-judgment and post-judgment                
                              interest, the State shall fund an                       
                              annuity which in turn shall pay                         
                              Plaintiff monthly installments . . . in                 
                              the amount of $7,924”.  ($95,088 yr)                    
                    The annuity payments in the sum of $161,988                       
               received in 1997 represent additional damages other                    
               than punitive and interest, and are excluded from                      
               income under sec. 104(a)2 [sic].                                       
          Additionally, with respect to petitioner’s interest in Green                
          Capital, petitioner reported losses in the amount of $41,579.               
          With respect to petitioner’s interest in TS Capital, petitioner             
          reported losses in the amount of $45,017.  Petitioner’s return              
          for 1997 showed tax due in the amount of $8,066.                            
               On October 15, 1999, petitioner filed his income tax return            
          for 1998.  On his return, which was prepared by Hunter & Atkins,            






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