- 9 - debt would be damages excludable from gross income under section 104(a)(2). We agree with respondent that nothing in the record would support that claim. Petitioner asserts that respondent should have conceded this case at the conclusion of trial but that respondent’s counsel refused to do so, allegedly based on a posttrial ex parte communication with the Court. At the conclusion of trial, as reflected in the transcript, the Court directed respondent’s counsel to brief cases dealing with settled or compromised claims. No off-the-record or ex parte communications between the Court and respondent’s counsel have occurred. Respondent’s brief discusses the evidence and case law supporting respondent’s position. Petitioner has not complied with the Court’s order or rules concerning briefs. Petitioner has also complained that MBNA presumably received a deduction for the amount reported on Form 1099-C as income to petitioner. MBNA’s tax liability is not before the Court. It is unnecessary, in any event, that a correlation exists between petitioner’s income, as a cash basis taxpayer, and deductions of MBNA, presumably an accrual basis taxpayer. Other arguments andPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011