Phillip Lee Allen and Carolyn F. Allen - Page 6

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            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.                                                                          





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