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