George G. Green - Page 36

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          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 as            






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