- 8 - officer was also aware of the initial letter from the attorney who represented petitioners against the insurance company containing the statement that $104,000 of the $130,000 was for “bad faith”. Although the primary focus was the question of punitive damages, the Appeals officer’s report also contained some discussion of section 1033. Following the Appeals conference, petitioners wrote to the Appeals officer explaining, a second time, that they spent more on repairing their residence than was received from the insurance company. In that same letter, petitioners cited section 165 and sections 1.165-7(a)(2)(ii) and 1.123-1, Income Tax Regs. In response to petitioners’ letter, the Appeals officer explained that the issue in controversy was whether any portion of the $130,000 received represented taxable punitive damages. In that same letter, the Appeals officer acknowledged that the cost of repairs could be used to determine a decrease in fair market value. The Appeals officer restated the conclusion that the $130,000 was paid for punitive damages and that petitioners’ pleading and the insurance settlement agreement contained statements to the effect that petitioners were seeking and/or settling punitive damage claims. Petitioners, in response to the Appeals officer, requested that a notice of deficiency be issued so that the matter would be considered by respondent’s attorneys. A notice of deficiencyPage: 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