- 36 - payments and provided an explanation for the tax treatment of those payments on his returns for 1997, 1998, and 1999 (there was no statement or disclosure for 1996), there was no reasonable basis for excluding the full amounts. Petitioner knew that there was an express allocation in the settlement agreement among compensatory damages, “additional damages”, and “other damages”, including punitive damages and interest. Additionally, petitioner included the amounts received from the second annuity in his gross income on his original returns for 1996, 1997, and 1998. On his original returns for 1997 and 1998, he specifically designated those amounts as “punitive”, further indicating his knowledge that punitive damages and interest were not excluded under section 104. Therefore, in the absence of reasonable cause or substantial authority for excluding from his income any of the payments received in 1996, 1997, 1998, or 1999, the disclosures were inadequate to reduce the understatement of his tax that is subject to penalty under section 6662(d). Finally, petitioner did not act with reasonable cause and in good faith. Sec. 6664(c)(1). From 1996 through 1998, petitioner reported on his original returns the receipt of punitive damages, yet the damages received in 1999 under the same paragraphs of the settlement agreement were not included by petitioner. Furthermore, though it appears that petitioner had assistance in preparing his returns for 1997 and 1998, there is no evidence asPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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