- 8 - Petitioner did not recognize in 1996 an existing and fixed obligation to repay the $100,000; he did not make in 1996 provisions to repay the $100,000. Parker did not make a gift of the $100,000 to petitioner. Analysis7 Respondent contends that petitioner was required to include in gross income for 1996 the $100,000 that petitioner received from the sale of the Corporations, and that this inclusion is required by the claim of right doctrine. Petitioner maintains that the $100,000 that he received as consideration for transferring his stock in the corporations to Parker is not includable in gross income because his receipt of the money did not satisfy the elements of the claim of right doctrine. Specifically, petitioner contends that he did not receive the money under a claim of right, and there was a restriction on his economic use of the money. Petitioner contends in the alternative that the $100,000 was a gift and thus is excludable from gross income under section 102(a). Respondent replies that petitioner’s 1996 fraudulent purpose, which led to the bankruptcy court’s voiding of the 1996 7 Sec. 7491, which shifts the burden of proof to the Commissioner if the taxpayer meets certain conditions, does not apply in the instant case because the parties stipulated that the examination of petitioner’s tax returns began before July 22, 1998, the effective date of sec. 7491. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(a), 112 Stat. 726.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011