Hugh D. and Nancy L. Sims - Page 4




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          of the backpay award was based on the decision in Bennett v.                
          United States, supra.  They also attached copies of the Bennett             
          decision and other documents supporting the exclusion to the                
          return.                                                                     
               Prior to the expiration of the applicable period of                    
          limitations on assessment, respondent conducted an examination of           
          petitioners’ 1993 Federal income tax return.  On December 31,               
          1996, respondent issued an examination report that determined the           
          entire settlement award received from Northwest Airlines was                
          fully taxable to petitioners, citing the United States Supreme              
          Court’s decision in Commissioner v. Schleier, 515 U.S. 323                  
          (1995).2  The examination report was respondent’s first written             
          contact with petitioners.                                                   
               From the time petitioners received the examination report              
          until approximately February 25, 1997, petitioners considered the           
          report and consulted with their return preparer concerning it.              
          On February 25, 1997, petitioners signed Form 4549-CG consenting            
          to the assessment of the additional tax proposed in the                     
          examination report and submitted it to respondent with a check in           
          the amount of $10,332.  On February 28, 1997, respondent received           



               2The examination report also pointed out that the Bennett              
          case on which petitioners had relied was reversed in an                     
          unpublished per curiam decision based on the Supreme Court’s                
          decision in Commissioner v. Schleier, 515 U.S. 323 (1995).  See             
          Bennett v. United States, 30 Fed. Cl. 396 (1994), revd. without             
          published opinion 60 F.3d 843 (Fed. Cir. 1995).                             





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