Michael Thomas Prasil and Lori Lynn Prasil - Page 7

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               interference with contract, negligence, defamation,                    
               promissory estoppel, invasion of privacy, or any other                 
               theory, whether legal or equitable.                                    
          The settlement agreement did not allocate the $7,650 settlement             
          payment among Mrs. Prasil’s causes of action or between monetary            
          damages, emotional damages, and physical damages.                           
               Pursuant to the settlement agreement, Mrs. Prasil received a           
          transmittal letter dated February 12, 1999, from Heartland’s                
          attorney enclosing a copy of the fully executed settlement                  
          agreement and a settlement check from Heartland dated February              
          10, 1999, in the amount of $7,650.  Petitioners deposited the               
          settlement check in their checking account.  Subsequently,                  
          Heartland issued a Form 1099-MISC, Miscellaneous Income (Form               
          1099), reporting “nonemployee compensation” of $7,650 paid to               
          Mrs. Prasil in 1999.  At trial, petitioners testified that they             
          did not receive the Form 1099-MISC, but they acknowledged receipt           
          of the $7,650 settlement payment from Heartland in 1999.                    
               Petitioners timely filed a joint Form 1040, U.S. Individual            
          Income Tax Return, for 1999 using the cash basis method of                  
          accounting.  In that return, petitioners excluded from gross                
          income the $7,650 settlement payment that Mrs. Prasil received              
          from Heartland.                                                             
               On December 12, 2001, respondent issued a notice of                    
          deficiency for 1999 to petitioners.  In the notice of deficiency,           
          respondent determined, inter alia, that petitioners failed to               






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