Steven Spokesman, a high school teacher in a local school district, was fired for publicly criticizing the local school district. The court ruled that Steven's freedom of speech had been violated and the school district was required to pay $24,000 in damages. Steven paid his lawyer $8,000 to defend him. Determine: (1) whether Steven must include the $24,000 in gross income and (2) whether he can deduct the $8,000 in legal fees?