- 8 - Petitioners are subject to the alternative minimum tax for 1989. Discussion Petitioners argue primarily that the proceeds from the Stephens litigation were to be shared between Mr. Syphrett and Intrastate, and that Mr. Syphrett transferred the $497,667 to Intrastate to effectuate a "global allocation" of the proceeds of the Stephens litigation and the Wiewall litigation. Petitioners argue alternatively that Mr. Syphrett paid the $497,667 to Intrastate to reimburse it for the following amounts that it paid during and in connection with the Stephens litigation: $112,245 for legal fees to attorneys other than Mr. Doherty, $349,072 for part of Mr. Syphrett's salary and related payroll taxes, and $36,350 for miscellaneous expenses. Petitioners conclude with respect to their alternative argument that they may deduct the $497,667 amount as: (1) An ordinary and necessary expense in carrying on Mr. Syphrett's trade or business as an employee of Intrastate, see sec. 162, or (2) an expense for the production or collection of income, or the management, conservation, or maintenance of property held for the production of income, see sec. 212. Respondent counters that all of the settlement proceeds belonged to petitioners, and that they transferred the $497,667 amount to Intrastate in an attempt to shelter this amount fromPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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