John Bothe & Barbara Bothe - Page 9

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          [the Meadowlands]” in exchange for:  (1) Payments totaling                  
          $225,000; and (2) his resignation as an employee of the                     
          Meadowlands.  The settlement agreement also states that the                 
          Meadowlands and petitioner were entering into the settlement                
          agreement to avoid the costs of litigation.  In the settlement              
          agreement, Meadowlands expressly denies any liability with                  
          respect to the claims alleged by petitioner.                                
               The settlement agreement makes no reference to a physical              
          injury or physical sickness resulting from the Meadowlands’                 
          actions, nor does the settlement agreement specifically carve out           
          any portion of the settlement payment as a settlement on account            
          of personal physical injury or physical sickness.                           
               Petitioner officially terminated his employment with the               
          Meadowlands on September 9, 1999.  During 1999, petitioner                  
          received settlement proceeds of $199,073 from the Meadowlands               
          (the settlement proceeds).                                                  
               As previously noted, petitioners filed a timely joint 1999             
          Federal income tax return.  The income reported on that return              
          includes the settlement proceeds.  On April 23, 2001, petitioners           
          submitted a Form 1040X, Amended U.S. Individual Income Tax                  
          Return, for the 1999 taxable year.  On the 1999 amended return              
          petitioners excluded the settlement proceeds from their gross               









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