Lee G. Gale - Page 2




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                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               BEGHE, Judge:  Respondent determined the following                     
          deficiencies, late-filing additions, and accuracy-related                   
          penalties with respect to petitioner’s Federal income tax:                  
                                                                                     
          Docket                        Addition to Tax     Penalty                   
          No.      Year    Deficiency   Sec. 6651(a)(1)    Sec. 6662                  
                                                                                     
          4448-97   1992      $244,563      $12,228    $48,913                        
          1422-98   1993      247,317       12,366     49,463                         
          1422-98   1994      61,965         ---            12,393                    
               After concessions, the following issues are to be decided:             
               (1) Whether litigation settlement proceeds of $797,225 paid            
          to and placed in petitioner’s attorney’s trust account in 1992,             
          pending resolution of a fee dispute between petitioner and his              
          attorney, should be reported as income on petitioner’s 1992                 
          individual income tax return, or whether the amounts should be              
          reported as income only when paid from the trust account in later           
          years.  We hold that the settlement proceeds were income to                 
          petitioner in 1992.                                                         
               (2) Whether petitioner is entitled to deduct under section             
          461(f)2 amounts placed in his attorney’s trust account pending              
          resolution of the fee dispute between petitioner and his                    
          attorney.  We hold that petitioner is entitled to deduct the                


               2Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the years at issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  





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