Thomas B. Hawkins and Leanna L. Hawkins, Deceased - Page 3

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          alleged, inter alia, that petitioner was discharged due to sex              
          discrimination under title VII of the Federal Civil Rights Act of           
          1964 and age discrimination under the California Fair Employment            
          and Housing Act (FEHA).  The jury returned a special verdict on             
          October 13, 1995, awarding $703,000 compensatory damages for                
          “intentional discrimination based upon gender or age, or                    
          negligent infliction of emotional distress” and $703,000 punitive           
          damages.                                                                    
               Merchants appealed the District Court judgment to the U.S.             
          Court of Appeals for the Ninth Circuit.  The Ninth Circuit                  
          affirmed the portion of the judgment for compensatory damages for           
          constructive discharge under title VII and FEHA.  The court                 
          reversed the punitive damages portion of the judgment.                      
               Merchants paid petitioner and her attorneys $996,130 for the           
          judgment, legal fees, and court costs by a check dated March 13,            
          1998 (Merchants award).  Merchants also paid petitioner and her             
          attorneys $29,385 of interest per court order (award interest).             
          The attorneys who represented petitioner in her case against                
          Merchants advised petitioners that half of the jury award was not           
          taxable.                                                                    
               On their 1998 Federal income tax return, petitioners                   
          reported the $1,025,515 received from Merchants.  Petitioner then           
          subtracted $417,092 for “Attorney Fees not deducted from above”             
          to arrive at “Net amount received by taxpayers” of $608,423.                






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