- 7 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011