Thomas Henry Koppel - Page 4

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          DIVIDEND”.  Petitioner did not include the Nortel stock                     
          distribution in his gross income.                                           
               In a notice of deficiency dated December 9, 2002, respondent           
          determined that the full amount of the Nortel stock distribution            
          constituted a taxable ordinary dividend.  Respondent also                   
          determined that petitioner was liable for a section 6662(a)                 
          accuracy-related penalty for substantial understatement of tax.             
               On January 29, 2003, petitioner filed a petition with this             
          Court contesting respondent’s determination.  In his petition,              
          petitioner made the following allegation:                                   
               This stock distribution represents appreciated assets                  
               of Canadian corporations.  The intent and agreement of                 
               NAFTA [the North American Free Trade Agreement] (Art.                  
               1109.3) discourages the U.S. from taking earnings that                 
               are part of Canadian corporations.  The tax should be                  
               taken when the stock is sold.  Also, the tax code may                  
               allow the payer to value the distribution based on the                 
               net change in total market value.  This would be needed                
               only in those rare cases when a corporation distributed                
               over half of its assets in a non-cash way.                             
          Additionally, on August 12, 2003, petitioner filed an amendment             
          to petition, in which petitioner alleged that “a devaluation                
          required by the New York Stock Exchange for shares directly                 
          related to the distribution * * * is a liability that may be                
          excluded from the distribution per the tax code.”                           
                                       OPINION                                        
          I.  Dividend Classification of the Nortel Stock Distribution                
               Section 61(a)(7) includes dividends in a taxpayer’s gross              







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