MEMORANDUM FINDINGS OF FACT AND OPINION
GERBER, Judge:
Respondent determined a deficiency in petitioners' Federal income tax for 1991 of $39,697 and an accuracy penalty in the amount of $7,939.
The issues for our consideration are: (1) Whether petitioners are entitled to nonrecognition treatment on the $130,000 settlement payment received from Allstate Insurance Co. under section 1033;
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