George G. Green - Page 19

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               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,            






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