- 21 - the settlement payment it paid. In the Polskys’ notice, respondent determined that $4,856,922 of the $19,866,922 settlement payment reported in the Polskys’ 1994 return as long- term capital gain was instead interest income. In both notices, respondent determined that the section 6662 accuracy-related penalty was applicable with respect to the taxable years ended in 1994. OPINION Indeck argues that the $19,886,922 settlement payment consisted of a $15,030,000 purchase price for Mr. Polsky’s 30 Indeck shares and $4,856,922 in deductible interest, because both the parties’ intent and the substance of the Settlement Agreement contemplated the payment of $4,856,922 as interest to compensate Mr. Polsky for the delay in receiving $15,030,000 for his shares after January 31, 1991. Indeck further contends that the Polskys are estopped from denying that the $19,886,922 settlement payment includes interest under the doctrine of judicial estoppel. The Polskys contend that the entire $19,886,922 settlement payment constitutes the purchase price for the shares, based on the express allocation of the entire amount to purchase price in the parties’ written agreement, and the absence of any “indebtedness” 7(...continued) Polskys recharacterized $4,856,922 of long-term capital gain as interest income. Since the latter figure is the appropriate rounding of the actual $4,856,921.85 in dispute, we use the latter figure throughout this opinion.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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