- 10 - On October 12, 1989, petitioner filed a Form 1041, U.S. Fiduciary Income Tax Return, for 1988. Petitioner did not include the insurance proceeds in its taxable income. Petitioner attached a statement to the return which said that the insurance proceeds were consideration for the purchase of decedent's stock in CSB. In the notice of deficiency, respondent determined that $4,080,256 of the payment was compensation and that petitioner has a deficiency of $1,142,472. OPINION A. Whether CSB Paid Life Insurance Proceeds to Decedent's Estate Solely To Redeem His CSB Stock Petitioner contends that the 1988 amendment fixed the redemption price of decedent’s stock at $5 million. Respondent contends that $1,043,733 of the insurance proceeds was paid for decedent's CSB stock and that $3,956,267 was paid for cases or work in process.6 We consider the intent of the parties as shown in their written agreements in deciding whether a payment from a 5(...continued) we are not required to decide this case consistently with respondent's tax treatment of CSB. See Ginsburg v. United States, 184 Ct. Cl. 444, 396 F.2d 983 (1968); Estate of Bette v. Commissioner, T.C. Memo. 1977-404. 6 Respondent's position assumes that CSB paid $5 million to decedent's estate. CSB paid $5,062,029 to decedent’s estate, $62,029 of which was for premium adjustments and interest and is not in dispute. We treat this as respondent's concession that $62,029 (in addition to $1,043,733) was paid to redeem decedent's stock.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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