FRANK v. COMMISSIONER

Docket No. 34568.

22 T.C. 945 (1954)

JOSEPH FRANK, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed July 16, 1954.


Attorney(s) appearing for the Case

Frank E. Wood, Jr., Esq., for the petitioner.

Robert E. Johnson, Esq., for the respondent.


Respondent has determined a deficiency in income tax against petitioner for the year 1946 of $12,221.52. The issues for decision are (1) whether $10,000 of a lump-sum settlement of petitioner's claims against his employer at the termination of his employment constituted the payment of damages for physical assault; (2) whether a part of the settlement actually received in 1947 and reported as income for that year was, by reason of constructive receipt, taxable income for 1946...

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