- 17 - 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 definePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011