Thomas Henry Koppel - Page 2

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          a section 6662(a) accuracy-related penalty in the amount of                 
          $1,659.1  After concessions,2 the issues for decision are:  (1)             
          Whether a distribution of Nortel Networks Corp. (Nortel) stock              
          that petitioner received from BCE, Inc. (BCE), is taxable as a              
          dividend and (2) whether petitioner is liable for a section                 
          6662(a) accuracy-related penalty for substantial understatement             
          of tax.                                                                     
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated.  We incorporate the            
          stipulated facts into our findings by this reference.  Petitioner           
          resided in Alameda, California, when he filed the petition.                 
               As of February 29, 2000, BCE, a Canadian corporation, owned            
          539,854,492 shares, or 38.2 percent, of the outstanding common              
          stock of Nortel.  On or before May 9, 2000, BCE distributed a               
          portion of its Nortel stock to BCE’s shareholders in a spinoff              
          transaction.3  According to BCE’s consolidated statement of                 

               1All section references are to the Internal Revenue Code in            
          effect for the year in issue, and all Rule references are to the            
          Tax Court Rules of Practice and Procedure.                                  
               2In a stipulation of settled issues, the parties agreed that           
          petitioner was liable for income taxes on the following items:              
          ordinary dividends in the amounts of $2,436.19, $3,015, $1,007,             
          and $421; a capital gain in the amount of $1,530; and unreported            
          taxable Social Security benefits in the amount of $1,065.  The              
          parties also agreed that petitioner correctly reported an                   
          ordinary dividend in the amount of $1,285.                                  
               3The parties repeatedly refer to the transaction as a                  
          spinoff but do not contend that it was a qualifying spinoff under           
                                                             (continued...)           





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