- 11 - Petitioners have shown that the funds received from Allstate were used, in substantial part, to restore their property to the original condition and though some enhancements were made, in a relative sense, they were de minimis. Petitioners’ actions fulfill the use of funds requirement of section 1033. See Davis v. United States, 589 F.2d 446 (9th Cir. 1979). Because petitioners have met both requirements of section 1033 and have chosen not to recognize the $130,000 payment received from Allstate in settlement of their homeowners’ insurance claim as taxable income, we hold for petitioners. Due to our holding on the income tax deficiency, the penalty is not applicable. In light of the foregoing, Decision will be entered for petitioners.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011