- 2 - All section references are to sections of the Internal Revenue Code in effect for the year at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure, unless otherwise indicated. Respondent determined a deficiency in petitioner's Federal income tax of $1,441,736 for the taxable year 1992. Petitioner resided in Hayneville, Alabama, at the time the petition was filed in this case. The parties agree that this case may be resolved in its entirety via summary judgment. The issues remaining for decision are whether punitive damages received by petitioner are includ- able in income and whether the amounts paid for attorney's fees should be excluded from petitioner's income. Background The background facts related below are derived from the pleadings filed in this case, affidavits filed by respondent's counsel and petitioner's counsel, the parties' uncontroverted written representations, and the exhibits attached thereto. During 1987 and 1988, petitioner owned a home in Alabama where she resided. During this time, American Home Improvement Services of Alabama, Inc. (American Home), was in the business of making home improvements and arranging for the financing of home improvements. Also during this time, Union Mortgage Co. (Union) made mortgage loans in Alabama.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011