- 20 - Return Positions On its return for the fiscal year ended November 30, 1994, Indeck claimed an interest expense deduction of $4,856,922; i.e., equal to the (rounded) total of Component (ii) ($4,809,600) and Component (iii) ($47,321.85) as described in the Settlement Agreement. The Polskys, on the other hand, reported the entire $19,886,922 settlement payment as proceeds from the sale of Mr. Polsky’s Indeck shares on their 1994 return as amended. Indeck did not issue a Form 1099-INT, Interest Income, to Mr. Polsky with respect to any portion of the settlement payment made pursuant to the Settlement Agreement. Notices of Deficiency To prevent a “whipsaw” with respect to the proper tax treatment of the settlement payment, respondent issued inconsistent notices of deficiency to the petitioners herein.6 In Indeck’s notice, issued on August 13, 1997, after an examination, respondent determined that Indeck was not entitled to an interest deduction claimed with respect to $4,856,9227 of 6 Respondent is entitled to defend against inconsistent results by issuing inconsistent determinations, see Maggie Mgmt. Co. v. Commissioner, 108 T.C. 430, 446 (1997), and each determination is entitled to the same presumption of correctness as if it had been issued separately, see Doggett v. Commissioner, 66 T.C. 101, 103 (1976); Ryan v. Commissioner, T.C. Memo. 1998- 331. 7 The notice of deficiency issued to Indeck disallowed an interest deduction of $4,856,921, while the notice issued to the (continued...)Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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