- 4 - 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 grossPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011