- 2 - 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.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