- 12 - OPINION Although respondent determined in the notice to increase petitioners’ income by $34,157, respondent concedes in respon- dent’s answering brief that $902 of that amount, which was the cost to the Company of providing medical benefits to Mr. D’Amico under the settlement agreement, is to be excluded from petition- ers’ gross income under section 106(a). Petitioners bear the burden of showing that respondent erred in determining that the remaining amount, i.e., $33,255, is to be included in their taxable income for 1994. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). The total amount of $33,255 that remains in dispute consists of the following two components: (1) $10,000 that the Company paid Mr. D’Amico during 1994 in consideration for the covenants of secrecy, the release, and the other covenants and obligations to which Mr. D’Amico agreed ($10,000 payment) and (2) $23,255 that the Company paid to purchase the leased automobile, the ownership of which it transferred to Mr. D’Amico pursuant to the settlement agreement ($23,255 payment).4 Petitioners rely on 4Petitioners advance as an alternative argument for the first time on brief that in the event that the Court were to hold against them under sec. 104(a), the fair market value of the leased automobile, and not the amount that the Company paid to purchase it, should be used in determining the increase in petitioners’ income for 1994 that is attributable to that automobile. In this regard, petitioners contend that the fair (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011