Allen Burditt II and Sarah Maunee S. Burditt - Page 23




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          extent any settlement amounts were paid to CRI, we sustain                  
          respondent’s determination, which petitioners have not addressed,           
          that petitioners received them as constructive dividends.                   
          2. Halliburton Settlement                                                   
               In the notice of deficiency, respondent determined that                
          petitioners must include in gross income the full amount of                 
          Halliburton's $200,000 settlement payment.  Petitioners contend             
          that the Halliburton settlement is excludable from their gross              
          income as it was received by Mr. Burditt on account of personal             
          injuries.                                                                   
               a.  Allocation in the Settlement Agreement                             
               The Halliburton settlement agreement expressly allocated the           
          full $200,000 settlement solely to Mr. Burditt “for mental                  
          anguish, pain and suffering, damage to his reputation and loss of           
          good will.”  As with the allocation in the Lindsey settlement               
          agreement, petitioners contend that the allocation in the                   
          settlement agreement is controlling for tax purposes, while                 
          respondent argues that the written allocation should be                     
          disregarded.                                                                
               We agree with respondent because Halliburton, and petitioner           
          and CRI, were not adversarial with respect to the allocation in             
          their settlement agreement.  Cf. Robinson v. Commissioner, 102              
          T.C. 116 (1994).  Although Halliburton's attorney initially                 
          rejected the language allocating the entire proceeds to personal            





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