- 4 - petitioner, but he returned it to Wright’s attorney, refusing to accept it. Thereafter, Wright’s attorney filed an interpleader action with respect to the $45,000 and deposited it with the Clerk of the Superior Court. The interpleader action was subsequently dismissed, and the $45,000 was tendered to petitioner. Subsequent to his receipt of $1,055,000, petitioner claimed that Wright and others had breached the settlement agreement. Petitioner commenced further litigation that continued through the time of trial of this case in January 1996. Petitioner refused to accept the $45,000 from the Superior Court because he believed that it would compromise his position that a valid settlement agreement had not been entered into. Petitioner did not file a tax return for 1988 until December 29, 1993, after he was contacted by the Internal Revenue Service. OPINION Petitioner contends that, because his ongoing litigation with Wright has not been resolved, it would be premature to tax him on the proceeds that he actually received in 1988 from Wright. Alternatively, petitioner contends that the proceeds were not pursuant to a settlement agreement entered into in 1988 but were paid on account of a tentative decision of the Superior Court in 1984. Neither theory, however, makes the funds actuallyPage: Previous 1 2 3 4 5 6 7 Next
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