- 6 - income tax consequences of the qui tam payment he received. Petitioner’s request was assigned to Sheldon Iskow (Iskow). In August 1997, Iskow told petitioner that there were no court cases holding that qui tam payments are includable in gross income. Iskow also told petitioner that he believed a qui tam payment is taxable because it is analogous to a reward, and that the IRS would rule that the qui tam payment was taxable unless petitioner provided legal authorities for his position or withdrew his request for a ruling. Petitioner withdrew the letter ruling request. E. Petitioner’s 1997 Tax Returns Petitioner made no estimated tax payments to the United States in 1997 relating to the qui tam payment, but he did make an estimated tax payment of $80,500 to the State of New York. Mrs. Roco helped petitioner prepare and file his Form 1040, Individual Income Tax Return, for 1997. Petitioner did not report the qui tam payment on his State and Federal returns for 1997. Petitioner and Mrs. Roco filed joint Federal returns for 1995, 1996, 1998, 2000, and 2001, but they filed separate returns for 1997. They expected respondent to discover that petitioner had not reported the $1,568,087 payment by matching the Form 1099-MISC with his 1997 return, and that respondent would decide to audit petitioner’s 1997 return. Mrs. Roco believed she mightPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011