- 9 - taxation by use of large deductions that were available to Intrastate. Respondent also argues, with respect to petitioners' alternative argument, that neither section 162 nor section 212 lets petitioners deduct the $497,667 amount. Turning first to petitioners' primary argument, we agree with respondent. Our detailed review of the record persuades us that petitioners' 1989 gross income includes the full amount of the Net Settlement Proceeds. We look to petitioners' outward manifestations with respect to these proceeds, and we see that they received these proceeds on February 28, 1989, without any restricted use. Petitioners deposited the check into their personal account, and they used the proceeds for several months before transferring any money to Intrastate. Petitioners transferred the money to Intrastate in several installments that extended over a period of 4 months, rather than through a lump sum at or near the date of settlement, and the first installment was carefully crafted to fall within Intrastate's taxable year beginning July 1, 1989. If part of the settlement proceeds belonged to Intrastate, as petitioners contend, it was entitled to its share immediately upon settlement. Yet, petitioners controlled all the proceeds, even investing at least $197,500 of the Net Settlement Proceeds in their personal brokerage account, exposing this amount to the same risks as their personal investments.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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