Gavin Polone - Page 30

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               Hofflund Polone, a partnership, allocated to petitioner or             
          petitioner’s wholly owned corporation the following taxable                 
          income:  $84,416 in 1996, $1,300,423 in 1997, $1,624,867 in 1998,           
          $1,684,024 in 1999, $2,395,145 in 2000, and $2,377,146 in 2001.             
               On or about October 10, 1997, petitioner filed his 1996                
          Federal income tax return.  Petitioner did not include the May              
          1996 payment in income on his 1996 return.  Petitioner reported,            
          under other income on his 1996 return, a $1 million payment from            
          UTA on his 1996 return.  This amount, which represented the                 
          November 1996 payment, was in addition to the wages he reported             
          from UTA in 1996.  Statement 1 of petitioner’s 1996 return                  
          stated:  “Taxpayer received $1 million from United Talent Agency            
          (UTA), representing settlement of claims by taxpayer for personal           
          injury against UTA, pursuant to an agreement as of May 1, 1996.             
          The lump-sum payment received does not constitute income subject            
          to self-employment tax.”                                                    
               On his 1997 return, petitioner reported, under other income,           
          $2,000.  Petitioner did not include the May 1997 payment in                 
          income.  On the line for other income “See Statement 1" was typed           
          in.  Statement 1 of petitioner’s 1997 return listed $2,000 from             
          Conde Nast Publications and $1 million from UTA as “miscellaneous           
          income” and subtracted out $1 million as UTA settlement proceeds            
          to arrive at a total of $2,000.  Below the subtraction were the             
          words “see footnote”.  The footnote, contained in statement 2,              
          stated:                                                                     




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