- 31 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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