Sudhir P. Srivastava and Elizabeth S. Pascual - Page 2

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          All section references are to the Internal Revenue Code in                  
          effect for the taxable years in issue, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure, unless                
          otherwise indicated.  All dollar amounts are rounded to the                 
          nearest dollar, unless otherwise indicated.                                 
               The issues for decision are:  (1) Whether petitioners may              
          exclude from their gross income contingent fees of $3,455,500               
          paid to their attorneys from the settlement proceeds of                     
          petitioner's personal injury suit.  We hold they may not.  (2)              
          Whether under section 104(a)(2) petitioners may exclude from                
          their gross income the entire amount of the settlement petitioner           
          received in 1991.  We hold a portion of the amount petitioner               
          received in settlement is attributable to punitive damages and              
          interest and is taxable income to petitioners in the year it was            
          received.  (3) Whether petitioners may deduct the attorney's fees           
          under section 162(a).  We hold they may not deduct the attorney's           
          fees under section 162(a), but they may deduct the fees under               
          section 212(1), to the extent set out below.  (4) Whether                   
          petitioners are liable for an accuracy-related penalty pursuant             
          to section 6662 for 1991 and 1992.  We hold they are to the                 
          extent set out below.                                                       
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulated facts and the accompanying exhibits are                      






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