- 19 - Additionally, the IRS determined accuracy-related penalties under section 6662(a) for all of the years in issue and an addition to tax under section 6651(a) for failure to file timely in 1999. On February 9, 2005, respondent requested leave of the Court to file an amendment to the answer to include as gross income to petitioner the $4,586,000 of attorney’s fees paid to Brothers under the terms of the settlement agreement. OPINION Burden of Proof At trial, the parties agreed that petitioner bears the burden of proof on all of the issues in these cases, except: (i) The issue raised by the proposed amendment to the answer of whether petitioner should have included the contingent attorney’s fees in his gross income in 1995 and (ii) any new matter or new issue not raised in respondent’s trial memorandum. (Thus, petitioner has agreed that respondent’s burden of production under section 7491(c) with respect to penalties has been satisfied.) Payments Received Under the Settlement Agreement Section 61(a) includes in gross income “all income from whatever source derived”, unless otherwise provided. Section 104(a)(2) provides otherwise. Before it was amended by the Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1605,Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011