T.C. Memo. 1997-113 UNITED STATES TAX COURT WALLACE R. NOEL AND ROBINETTE NOEL, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 18000-94. Filed March 5, 1997. P owned stock in Corp. A. Corp. A operated numerous restaurants under a franchise arrangement with Corp. B. P sued both Corp. A and Corp. B, alleging two contract claims and a tort claim. Corp. B and P entered into a settlement agreement, whereby Corp. B purchased P's stock in Corp. A and, in return, P released his claims against Corp. B. P used some of the proceeds received as a result of the agreement with Corp. B to settle a loan made to P by Bank X. The loan balance consisted of both principal and accrued interest. P also wrote off an investment in Company Y. Held: $295,461 of the proceeds P received from Corp. B is excludable under sec. 104(a)(2). Held, further: Except for $219,000 of the fees that P paid to his lawyers, P failed to substantiate his additions to basis in Corp. A stock.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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