Marcia S. Green - Page 2

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          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.             




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