Damian Gerard and Leigh H. Gerard - Page 13

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          L.   “Tax Consistency” Letter                                               
               A letter dated June 8, 1994, addressed to Peter Hobler and             
          signed by David Fleisher, the chief financial officer of Maritz             
          Inc., states that “It is understood” by Maritz Inc. that the                
          settlement payments to Katherine and Damian “are, and for income            
          tax purposes shall be treated as, payments in settlement of                 
          claims for personal damages” and therefore “do not require                  
          reporting on Form 1099 or any other applicable information                  
          reporting form.”                                                            
          M.   Settlement Payments, Tax Reporting, and Examination                    
               On July 7, 1994, Katherine and Damian received checks from             
          Maritz Inc. in amounts of $500,000 and $250,000, respectively.              
          Maritz Inc. issued no Form 1099 to Katherine or Damian.                     
          Petitioners did not report the settlement payments on their                 
          respective 1994 joint Federal income tax returns.                           
               On June 5, 1998, respondent commenced examination of                   
          petitioners’ 1994 Federal income tax returns.  On October 6,                
          2000, by separate notices of deficiency, respondent determined              
          that the settlement payments were includable in petitioners’                
          respective taxable incomes for 1994.                                        












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