Brian L. and Carole J. Nahey - Page 9

                                        - 9 -                                         

          million.  Xerox indicated that it would go no higher than $6                
          million, and petitioner's counsel, who believed that Xerox's                
          mitigation argument was a strong one, advised petitioner to accept          
          that amount.  The parties eventually agreed to a settlement by              
          which Xerox would pay $5,950,000 in cash and cancel the $395,183            
          debt owed by Wehr (and assumed by the S corporations) to Xerox, for         
          a total of $6,345,183. The lawsuit was then dismissed with                  
          prejudice.  The cash payment was made by Xerox on or before                 
          December 31, 1992.                                                          
          Reporting of the Settlement                                                 
               The S corporations allocated the settlement with Xerox as              
          follows: $3,502,541 to Venturedyne; $2,842,183 to Carnes.  The S            
          corporations each reported the settlement as long-term capital gain         
          on their respective 1992 corporate income tax returns.  Petitioners         
          similarly reported their allocable share of the settlement                  
          ($6,194,437) as long-term capital gain on their 1992 joint income           
          tax return.  In calculating the capital gain, neither the S                 
          corporations nor petitioners attributed any basis to the lawsuit.           
               In the notice of deficiency, respondent determined that the            
          settlement proceeds should have been reported as ordinary income.           
                                       OPINION                                        
               The sole issue for decision herein is whether the proceeds             
          received by the S corporations from the settlement of Wehr's                
          lawsuit against Xerox (the settlement proceeds)  should  be                 





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011