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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