George G. Green - Page 17

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          petitioner reported receipt of $257,076 of annuity income, of               
          which $95,088 was reported as taxable.  Attached to his return              
          was Form 8275, in which petitioner made statements similar to               
          those on his 1997 Form 8275.  Additionally, with respect to                 
          petitioner’s interest in TS Capital, petitioner reported losses             
          in the amount of $811,641.  Petitioner’s return for 1998 showed             
          no tax due.                                                                 
               On October 16, 2000, petitioner filed his income tax return            
          for 1999.  On his return, petitioner reported receipt of                    
          $4,761,000 of annuity income, of which none was reported as                 
          taxable.  Attached to his return was Form 8275, in which                    
          petitioner stated:                                                          
               (1) This amount [$3,000,000] represents payment                        
               received for additional damages from Met. Life annuity                 
               contract funded by the State of Texas.  No Form 1099                   
               was issued.  (See attached statement 1(a) for further                  
               explanation.)                                                          
                                                                                     
               (2) This amount [$1,761,000] represents payment                        
               received for all other damages from Met. Life annuity                  
               contract funded by the State of Texas.  A Form 1099 was                
               issued.  (See attached statement 2(a) for further                      
               explanation.)                                                          
          The attached statements were as follows:                                    
               1(a) The final annuity payment in the sum of $3,000,000                
               received in 1999 represents additional damages                         
               excludable from income under IRC Section 104(a)(2).                    
               2(a) The final annuity payment in the sum of $1,761,000                
               received in 1999 represents all other damages                          
               excludable from income under IRC Section 104(a)(2).                    
               Taxpayer cites what he believes is controlling case law                
               as well as the Supreme Court’s historical principles of                
               restoration of “Capital Lost-Not Income” to define                     





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