- 14 - OPINION Issue 1. Tax-Benefit Rule Respondent contends that the tax-benefit rule requires petitioner to include in her 1992 income the $2,290,469 refund of interest which was deducted on her 1988 amended tax return. In the alternative, respondent asserts that that amount is includable in the income of either the estate or the trust.11 The tax-benefit rule requires an amount to be currently included as income to the extent that: (1) The amount was properly deducted in a year prior to the current year; (2) the deduction resulted in a tax benefit; (3) an event occurs in the current year that is fundamentally inconsistent with the premises on which the deduction was originally based; and (4) a nonrecognition provision of the Internal Revenue Code does not prevent the inclusion in gross income. See, e.g., Hillsboro Natl. Bank v. Commissioner, 460 U.S. 370, 383-384 (1983); Frederick v. Commissioner, 101 T.C. 35, 41 (1993). A current event is an event that is fundamentally inconsistent with the premises on which the deduction was originally based when that event would have prevented the deduction 11 The deficiencies and additions respondent determined against the estate and trust are alternatives. Neither a deficiency nor an addition to tax will be due from either entity should we hold that petitioner realized income pursuant to the tax-benefit rule.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011