- 6 - of the lien. Out of the $112,000 eventually awarded in the Lane litigation, petitioners received the net amount of $37,000. In 1991, petitioners reported the casualty loss they suffered through the damage to their property and the reimbursement they received for repairs. Petitioners reported that they received a total of $269,467.20, for which they claimed nonrecognition treatment under section 1033. This figure included the $102,467.20 received from Allstate before the settlement, the $130,000 settlement payment and $18,500 from each of Lane’s insurers, State Farm, and coincidentally, Allstate. Respondent sent petitioners a notice of deficiency, stating that the $130,000 settlement payment was taxable. Respondent also determined that the income increase caused purely mathematical adjustments to deductions and exemptions taken by petitioners. Respondent determined petitioners also owed a $7,939 accuracy- related penalty under section 6662(a) for their failure to include the $130,000 payment in income. Petitioners dispute the income tax deficiency and penalty. OPINION The sole adjustment under consideration involves the question of whether petitioners are entitled to use the nonrecognition provisions of section 1033. All other adjustments and our consideration of the penalty depend on the outcome of this primary issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011