BANAITIS v. COMMISSIONER

Docket No. 4323-00.

83 T.C.M. 1053 (2002)

T.C. Memo. 2002-5

Sigitas J. Banaitis v. Commissioner.

United States Tax Court.

Filed January 8, 2002.


Attorney(s) appearing for the Case

Joseph Wetzel and Michael C. Wetzel, for the petitioner.

Shirley M. Francis, for the respondent.


MEMORANDUM FINDINGS OF FACT AND OPINION

GERBER, Judge:

Respondent determined a $1,708,216 deficiency in income tax for petitioner's 1995 taxable year. The issues for our consideration are: (1) Whether petitioner is entitled to exclude damages received in settlement of a lawsuit under section 104(a)(2);1 (2) whether fees paid to petitioner's attorneys in accord with a contingent fee agreement are excludable from petitioner's gross...

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