- 2 - in part and remanded 912 F.2d 1182 (9th Cir. 1990) (the State Farm class action lawsuit), are included in her gross income.1 Petitioner concedes that the gross proceeds of her settlement of the State Farm class action law suit--$283,543--are not excluded from her gross income under section 104(a)(2),2 but she attacks the validity of respondent’s notice of deficiency on multiple grounds: That respondent violated his reopening procedures, that respondent performed a second inspection of petitioner’s books of account in violation of section 7605(b), and that respondent is equitably estopped from issuing the notice of deficiency. Petitioner also claims, if the validity of the notice should be sustained, that she is entitled to deduct, as section 162 business expenses, two items she did not claim on her 1992 income tax return: Her contribution to a private pension plan and her attorney’s fees and costs in the State Farm class action lawsuit. We sustain the validity of respondent’s notice and reject petitioner’s claims to the private pension plan contribution 1 For a description of the State Farm class action lawsuit in the context of the claimants’ income tax treatment, see Brewer v. Commissioner, T.C. Memo. 1997-542, affd. without published opinion 172 F.3d 875 (9th Cir. 1999). 2 Unless otherwise noted, all section references are to the Internal Revenue Code in effect during the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.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