- 2 - Accuracy-Related Penalty Sec. Year Deficiency 6662(a) 1992 $17,970 $3,594 1993 167,629 33,526 Following the parties' concessions, we must decide: 1. Whether section 104(a)(2) excludes from Walter E. Hess's (Mr. Hess) 1993 gross income $425,000 of settlement proceeds he received during that year. We hold it does not. 2. Whether Mr. Hess may deduct for 1993 a $170,040 long-term capital loss on his separation from employment with L.G. Balfour Co. (Balfour). We hold he may not. 3. Whether Mr. Hess is liable for the accuracy-related penalty determined by respondent under section 6662(a) for 1993. We hold he is. Unless otherwise indicated, section references are to the Internal Revenue Code in effect for the years in issue. Rule references are to the Tax Court Rules of Practice and Procedure. Dollar amounts are rounded to the nearest dollar. Although Helen L. Hess (Mrs. Hess) is a copetitioner, for simplicity and clarity, we refer to Mr. Hess as the sole petitioner. FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulations of fact and the exhibits submitted therewith are incorporated herein by this reference. Petitioner and Mrs. HessPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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