- 11 - managed account funds deposited into the bank accounts in petitioner’s name. On his 1986 individual Federal income tax return, petitioner claimed $47,802 as an interest expense deduction relating to a home mortgage. On his 1987 individual Federal income tax return, petitioner claimed $108,037 as an ordinary business expense deduction for legal fees relating to the claim against him for damages in the GSC liquidation proceeding. Petitioner attached to his 1987 Federal income tax return a disclosure statement reflecting tax advice that petitioner had received from his tax accountant that the $573,750 in managed account funds reflected in the consent judgment against petitioner in GSC’s liquidation proceeding should not be treated as income to petitioner but as loans that GSC and petitioner intended to repay to managed account investors. Respondent’s Audit On audit, using total deposits made into the bank accounts in petitioner’s name (including deposits of managed account funds) of $299,965, $312,039, and $293,212, for 1984, 1985, and 1987, respectively, respondent determined that petitioner received and was taxable on managed account funds in the following amounts:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011