Carrie Dawn Murray, n.k.a. Carrie Dawn Weaver - Page 15

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          explicitly held in Benci-Woodward v. Commissioner, 219 F.3d 941             
          (9th Cir. 2000), affg. T.C. Memo. 1998-395, that nothing in                 
          California law acts to exclude the contingent fee portion of                
          damages from a client’s income.  Thus, petitioner must include              
          the entire amount of the settlement payment in her gross income,            
          even the portion retained by her attorney.  Sec. 61(a).  We note            
          that although petitioner did not physically receive the portion             
          of the settlement proceeds used to pay the attorney’s fees, she             
          did receive the benefit of those funds in the form of payment for           
          the services required to obtain the settlement.                             
               The second issue for decision is whether petitioner is                 
          liable for the accuracy-related penalty under section 6662(a) for           
          a substantial understatement of tax.  We decide this issue on the           
          merits based on the preponderance of the evidence, without regard           
          to the burden of production or the burden of proof.  Sec.                   
          7491(a), (c); Rule 142(a).                                                  
               Section 6662(a) imposes a 20-percent penalty on the portion            
          of an underpayment attributable to any one of various factors,              
          one of which is any substantial understatement of income tax.               
          Sec. 6662(b)(2).  A substantial understatement of income tax                


          3(...continued)                                                             
          the Ninth Circuit.  Sec. 7482(b)(1)(A).  This Court generally               
          applies the law in a manner consistent with the holdings of the             
          Court of Appeals to which an appeal of its decision lies, Golsen            
          v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th               
          Cir. 1971), even in cases subject to sec. 7463(b).                          





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