- 77 - Mr. Sanchez expected that he would be informed by District Counsel of settlements in tax shelter project cases that deviated from the official project settlement offer. B. Official Kersting Project Settlement Offer (7-Percent Reduction of Deficiency or Out-of-Pocket Expenses) Between January 1982 and mid-1986, the terms of the official Kersting project settlement offer were stated as follows: You will be allowed your actual out-of-pocket expenses, in essence, the interest you actually paid to Henry Kersting on the prepayment loan, or leverage loan, which amount equals approximately 7% of the determined deficiencies in most cases. In addition, if you reported capital gain income from the Kersting transactions, or recaptured the difference between your adjusted basis in the stock and your outstanding indebtedness, then an appropriate adjustment will be made to reflect this fact. In addition, if you are involved in a leasing plan, to the extent there are additional allowable I.R.C. Section 162 expenses which were not claimed on the return, an appropriate allowance will be made for settlement purposes. If you were involved in the Uniform Gift to Minors Act program, referred to as KAT-FIT (sic), to the extent you can establish compliance with the Clifford Trust rules, then an appropriate allowance for the deductions will be made. The government will concede the negligence penalties, I.R.C. Section 6653(1) and I.R.C. Section 6653(a)(2), as well as the I.R.C. Section 6621(c) interest. The 7-percent reduction of the deficiency reflected a deduction equal to an average of the actual out-of-pocket expenses in approximately 25 Kersting project cases. For this purpose, the Commissioner treated the "interest" paid on Kersting leverage loans as the out-of-pocket expense. From respondent'sPage: Previous 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Next
Last modified: May 25, 2011