William L. and Marsha G. Kidd - Page 7

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               Petitioners’ 2000 return was prepared by their certified               
          public accountant Wendy Boise (Boise).  During the discussions in           
          chambers mentioned above, Boise had asked Kidd whether any                  
          settlement payment that he received would be reported as income             
          to him, and plaintiffs’ counsel relayed this question to the                
          defendants’ counsel and to the presiding Judge.  The latter two             
          individuals declined to opine on the matter and referred the                
          plaintiffs to Nageley in its capacity as trustee.  By way of                
          conversations between the plaintiffs and Nageley, Nageley led               
          Kidd to believe that any settlement would not be taxed to him and           
          that he would not be issued a Form 1099-MISC, Miscellaneous                 
          Income, as to any payment that he received pursuant to the                  
          settlement.  Kidd also was advised by other attorneys that they             
          would not issue a Form 1099-MISC to their clients in a similar              
          situation.                                                                  
               In early 2001, contrary to his understanding, Kidd received            
          a 2000 Form 1099-MISC from Nageley that reported that the                   
          $132,000 was taxable to him as “other income”.  Kidd asked Boise            
          not to report the $132,000 on petitioners’ 2000 return, and she             
          did not.  Boise advised Kidd to attach to that return the 2000              
          Form 1099-MISC issued to him, but he asked her not to do so                 
          because he believed that he would be admitting to its taxability.           
          Kidd also noted to Boise that the $132,000 would be reported to             
          respondent on respondent’s copy of the 2000 Form 1099-MISC.                 






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