-2- concessions,2 there are four issues for decision. The first issue is whether a jury award from an employer-retaliation lawsuit is excludable from petitioner’s income under section 104(a)(2) as damages received on account of personal physical injury or physical sickness. We hold that it is not. The second issue is whether petitioner must include in income the fee paid from the jury award to the attorney who represented her in the employer-retaliation lawsuit. We hold that she must. The third issue is whether petitioner is liable for the accuracy-related penalty under section 6662(a). We hold that she is. The fourth issue is whether the jury award is community property under California law. We hold that it is, and therefore one-half of the jury award is not includable in petitioner’s income. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the accompanying exhibits are incorporated by this reference. Petitioner resided in Pacifica, California, at the time she filed the petition. Petitioner was a non-tenured lecturer in the Humanities Department of San Francisco State University (the University) in 1(...continued) Rules of Practice and Procedure, unless otherwise indicated. All dollar amounts are rounded to the nearest dollar. 2Respondent conceded the accuracy-related penalty relating to the underpayment of tax attributable to the portions of the jury award petitioner included in income and paid her attorney.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011