Taylor Miller - Page 2




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          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.                                                                  





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