Phillip Lee Allen and Carolyn F. Allen - Page 8




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          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 deficiency                 






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