- 24 - since Mr. Henry's income was below the amount at which section 6012 would have required him to file a tax return for that year. Henry & Estes Associates filed Form 1065 (U.S. Partnership Return of Income) for 1992 (1992 Form 1065), which Mr. Gargiulo prepared. The partners of Henry & Estes Associates that were shown in the 1992 Form 1065 were Fred Henry and Donna Henry. The $150,000 assistance payment that Mr. Henry received from du Pont in 1992 was not reflected in the 1992 Form 1065. Instead, that form showed an ordinary loss from an orchid activity of Henry & Estes Associates in the amount of $11,174. Petitioner's Tax Treatment of the $1,623,203 Settlement Payment At some time before the jury verdict was reached in the trial in the lawsuit, Mr. Henry discussed the tax treatment of any possible recovery that he might receive from du Pont with the lead attorney for the plaintiffs at that time. That attorney was not an expert in tax matters. In addition, after the jury verdict was reached, Mr. Henry raised in a social setting with Mr. Tyler, the certified public accountant who had represented him in settlement discussions with du Pont prior to the com- mencement of the lawsuit, the tax treatment of any possible recovery that he might receive from du Pont. Mr. Henry retained Mr. Gargiulo to prepare his tax return for 1994. In preparing that tax return, Mr. Gargiulo asked Mr.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011