- 6 - the attorney who represented petitioners in the suit against the insurance company. The letter contained a list of checks paid to petitioners in the total amount of $269,467.20 and the attorney’s conclusion that “The appraiser’s award was $128,084. Therefore $25,616.80 of the $130,000 could logically be for damages due to the removal of the berm with the remainder ($104,383.20) being bad faith”. In a January 23, 1996, letter, to the examining agent, petitioners’ attorney in the insurance case attempted to recant his earlier letter, stating that, notwithstanding his March 28, 1995, letter, the settlement payment was for neither bad faith damages nor punitive damages. In addition, the enrolled agent wrote to the examining agent reiterating that the attorney’s “bad faith” characterization was a mistake. Despite the attempts to correct the attorney’s statement, the examining agent concluded that $104,000 of the $130,000 payment from the insurance company was for punitive damages and was therefore income taxable to petitioners for 1991. Further, although petitioners’ claim for refund of 1991 tax relied on the casualty loss provisions of section 165, during the examination petitioners argued that some injury or sickness was caused by the insurance company’s actions. Under this argument, petitioners contended that the $130,000 was excludable as payment for physical injury under section 104.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