- 4 - 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2The examination report also pointed out that the Bennett case on which petitioners had relied was reversed in an unpublished per curiam decision based on the Supreme Court’s decision in Commissioner v. Schleier, 515 U.S. 323 (1995).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).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011