- 3 - 53.97 percent of the future lottery payments and his wife would receive 46.03 percent. Petitioner and his wife were divorced in December 1995. Petitioner reported $175,000 (i.e., one-half) of the $350,000 lottery payment in his 1995 return. B. The Notice of Deficiency On August 2, 2000, respondent sent a notice of deficiency to petitioner in which respondent determined that petitioner was taxable on the entire $350,000 lottery payment in 1995. Respondent also determined that petitioner failed to include all of his interest income in 1995 and that petitioner was liable for the addition to tax for failure to timely file his 1995 return. C. Settlement of the Case The parties settled the case before trial. Respondent conceded the lottery payment issue, and petitioner conceded the interest income and late filing issues. Discussion A. Motion for Litigation Costs: Background To be entitled to an award for litigation costs, the taxpayer must: 1. Exhaust administrative remedies. Sec. 7430(b)(1). Respondent concedes that petitioner meets this requirement. 2. Substantially prevail with respect to the amount in controversy. Sec. 7430(c)(4)(A)(i)(I). Respondent concedes that petitioner meets this requirement.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011