- 8 - Court's opinion in Commissioner v. Schleier, supra. Prior to that time there was confusion concerning the scope of section 104. Indeed, even in the wake of Commissioner v. Schleier, supra, there is continuing litigation concerning releases similar to that executed here. See, e.g., Brennan v. Commissioner, T.C. Memo. 1997-317; Morabito v. Commissioner, T.C. Memo. 1997-315; Keel v. Commissioner, T.C. Memo. 1997-278; Webb v. Commissioner, T.C. Memo. 1996-50; Elpi v. United States, Civil No. 3:96CV00315 (D. Conn., June 12, 1997). While petitioners' position may be wrong, we cannot say that it was unreasonable considering the confusion in this area of the law. Accordingly, we do not sustain the section 6662(a) penalty. Decision will be entered for respondent with respect to the deficiency and for petitioners with respect to the penalty under section 6662(a).Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011