-2- amount of $26,676 for such year.1 Respondent reflected this determination in a notice of deficiency dated October 13, 1993. The principal unagreed item involves respondent’s determination that petitioners realized forgiveness of indebtedness income pursuant to section 61(a)(12) as a result of a $476,363 writeoff in 1990 of accounts that had been carried on the books of petitioners’ wholly owned corporation (Land Air Delivery, Inc.) essentially as shareholder loans. Also in dispute is the section 6662 accuracy-related penalty. The writeoff followed the settlement of a tax examination for years 1982-84. In the settlement, the parties agreed that petitioners’ withdrawals from Land Air Delivery, Inc., should have been characterized, in part, as dividends rather than shareholder loans. Petitioners maintain that such withdrawals constitute dividend income in the year of withdrawal, not 1990, and hence the writeoff in 1990 did not give rise to a taxable event. Accordingly, the issues we must decide are: (1) Whether, as a result of the settlement agreement for years 1982-84, respondent is estopped from asserting that the corporate advances written off in 1990 were loans. We hold that respondent is not. (2) Whether petitioners realized discharge of indebtedness 1 Petitioners made income tax payments for 1990 totaling $138,748 after filing their petition in this Court to stop the accrual of interest.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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