Edward P. Knoll and Mary K. King-Knoll - Page 31

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               Petitioner also took a position at trial inconsistent with             
         the position he asserted with the IRS auditor.  Petitioner                   
         asserted to the Commissioner’s examining agent that he was                   
         compensated for claims of defamation and loss of personal                    
         reputation and IIED.  Petitioner then abandoned the defamation               
         and loss of personal reputation claim at trial because he did not            
         have a valid argument supporting the claim.  Petitioner is a                 
         lawyer with experience in tax-advantaged financing.  He                      
         negotiated and structured the settlement agreement to secure tax             
         advantages that he knew were valid in form only and not in                   
         substance.                                                                   
               Conversely, petitioner disclosed relevant facts and had a              
         reasonable basis to support his tax treatment of the $48,420 in              
         advances he received from Winston.  Petitioner disclosed on his              
         1993 tax return the difference between the amount that appeared              
         on his Form K-1 and the amount that he reported.  He also                    
         provided a detailed explanation for this treatment.  Further,                
         based on the acknowledgments he signed, petitioner could have                
         reasonably concluded that he would be obligated to repay the                 
         advances if a settlement agreement had not been reached.                     
         Accordingly, we hold that petitioner is subject to the accuracy-             
         related penalty under section 6662(a) for his treatment of the               
         $116,000 in lump-sum payments, but not subject to a penalty for              
         his treatment of the $48,420 in advance payments.                            






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