- 9 - California when he died. His widow, Dorothy G. Cartwright, was appointed executrix of his estate on August 18, 1988. In June 1988, the following people owned CSB stock: Shareholder Ownership Percentage Number of Shares Robert E. Cartwright 71.43 10,000 Jack L. Slobodin 10.71 1,500 Robert U. Bokelman 3.57 500 Philip Borowsky 3.57 500 Harry F. Wartnick 3.57 500 Michael B. Moore 3.57 500 Lee S. Harris 3.57 500 199.99 14,000 1 The stipulation does not state why the ownership percentages total only 99.99 percent. F. The Estate’s Receipt and Tax Treatment of the Life Insurance Proceeds Prudential paid CSB $5,062,029 from the two life insurance policies. This amount included the $2,500,000 death benefit under each of the two policies and $62,029 in premium adjustments and interest. CSB paid $5,062,029 to the estate on December 1, 1988. Sometime after December 31, 1988, CSB filed a Form 1099-MISC with the Internal Revenue Service reporting that it paid $4,080,256 to decedent's estate in 1988 for nonemployee compensation.5 5 Petitioner points out that respondent could have issued a deficiency notice to CSB taking a position inconsistent with respondent's position in this case and, upon CSB's filing a petition in this Court, moved to consolidate the two cases. See Cooney v. Commissioner, 65 T.C. 101, 107-108 (1975) (the Commissioner may take inconsistent positions with different parties to protect the revenue); Foxman v. Commissioner, 41 T.C. 535, 548 (1964), affd. 352 F.2d 466 (3d Cir. 1965). We note that (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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