William J. Goeden and Carol S. Goeden - Page 17

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          v. Commissioner, supra (involving a civil lawsuit for malicious             
          prosecution); Roemer v. Commissioner, 716 F.2d 693 (9th Cir.                
          1983), revg. 79 T.C. 398 (1982) (involving a civil suit for                 
          injury to a person's reputation caused by defamatory statements             
          constituting libel).  The law was unsettled with respect to the             
          excludability of claims based on age discrimination.  See Downey            
          v. Commissioner, 97 T.C. 150 (1991), supplemented by 100 T.C. 634           
          (1993), revd. and remd. 33 F.3d 836 (7th Cir. 1994).                        
               It is problematic whether petitioners adequately disclosed             
          the item regarding the settlement payments in their 1988 return.            
          While it was not a full and detailed disclosure, we are inclined            
          to view it as adequate because respondent was alerted to the fact           
          that petitioner had received settlement payments from the credit            
          union, some taxable and some nontaxable.  The disclosure in the             
          attachment to the return led to respondent's audit of the item              
          which in turn resulted in the principal adjustment contained in             
          the notice of deficiency.                                                   
               Accordingly, we hold that petitioners are not liable for the           
          addition to tax under section 6661(a) for 1988.                             
          Issue 4.  Section 6662(a) Accuracy-Related Penalties                        
               Respondent determined that petitioners are liable for                  
          accuracy-related penalties for negligence under section                     
          6662(a)(1) for 1989, and for a substantial understatement of                
          income tax under section 6662(a)(2) and negligence under section            





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