- 16 - “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,Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011