James E. Brown - Page 2

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               All section references are to the Internal Revenue Code in             
          effect for the taxable years in issue, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure, unless                
          otherwise indicated.                                                        
               After a concession1, the issues for decision are:2 (1)                 
          Whether the theory of judicial estoppel, or in the alternative,             
          the period of limitations, bars the assessment and collection of            
          the deficiency in income tax for 1990.  We hold it does not.  (2)           
          Whether petitioner's backpay award of $137,918.96 received in               
          1990 as partial settlement of his claim under Title VII of the              
          Civil Rights Act of 1964, Pub. L. 88-352, 78 Stat. 253, is                  
          taxable.  We hold it is.  (3) Whether petitioner is entitled to             
          an overpayment based on his claim to additional withholding                 
          credits of $47,277 for 1991.  We hold he is not.  (4) Whether               
          petitioner is entitled to deduct unreimbursed employee business             
          expenses of $8,044 and $5,457 for 1990 and 1991, respectively.              
          We hold he is not.  (5) Whether for 1990 petitioner is liable for           
          an addition to tax for failure to file a return under section               
          6651(a).  We hold he is.  (6) Whether for 1990 petitioner is                




               1    Respondent concedes that petitioner did not have                  
          unreported income of $81,669 in 1991.                                       
               2    Petitioner raises several issues at trial and on brief            
          which we find to be without merit.  Accordingly, we do not                  
          address them here.                                                          




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