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IRS has published a coordinated issue paper on the subject of whether payments from the leaking underground storage tank trust fund benefitting corporate taxpayers are taxable income, or can be treated as non-shareholder contributions to capital. Not directly on point, of course, but perhaps bears on the analysis of whether reimbursements to individual taxpayers are includible in taxable income.

http://www.irs.gov/Businesses/Coordinated-Issue---Petroleum-...
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