Tamberella v. Commissioner

SUMMARY ORDER

Petitioner-appellant Joseph Tamberella appeals a March 5, 2004 decision and Memorandum Opinion of the United States Tax Court, which concluded that a $89,840 payment to Tamberella from his former employer, ATC-Vancom of Nevada Limited Partnership, Inc. (ATC), pursuant to a settlement agreement, was not excludable from gross income because it was not received on account of personal physical injuries or physical sickness. In addition, the Tax Court concluded that Tamberalla was hable for penalties pursuant to 26 U.S.C. §§ 6651(a)(1) and 6662 for the late filing of his tax return…