Jesse M. and Lura L. Lewis - Page 7

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          perspective, the 7-percent reduction settlement offer was                   
          equivalent to allowing a theft loss deduction in the year of                
          payment.6                                                                   
               In addition to reducing the deficiencies by 7 percent,                 
          respondent’s offer incorporated other concessions and                       
          adjustments:  (1) To concede the negligence addition to tax and             
          increased interest imposed on tax-motivated transactions pursuant           
          to section 6621(c); (2) to concede an annual deduction under                
          section 162 or 212 for certain “leasing” program participants for           
          expenses that exceeded the out-of-pocket adjustment; (3) to                 
          concede the deficiency in full to participants in one particular            
          program who could show that funds paid to their children did not            
          give rise to constructive receipt of income by the parents; and             
          (4) to make appropriate adjustments if the participant had                  
          reported a capital gain upon the surrender of stock certificates            
          to Mr. Kersting.  Respondent’s purpose in offering these                    
          concessions and adjustments was to provide similar treatment for            
          all Kersting program participants who wished to settle their                
          cases.                                                                      
               Although District Counsel generally is expected to adhere to           
          the terms of an official project settlement offer, once a tax               

               6Respondent’s position represented an additional concession            
          insofar as the allowance of a theft loss deduction for payments             
          induced by misrepresentation is postponed until the year of                 
          discovery of the theft.  See sec. 165(e); Bellis v. Commissioner,           
          61 T.C. 354, 357 (1973), affd. 540 F.2d 448 (9th Cir. 1976).                




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