- 3 - with the settlement agreement and deposited them into his trust account. During 1998 and 1999, he issued checks to petitioners in the amounts of $143,356 and $150,000, respectively. These payments consisted of the settlement payments net of attorney fees and costs. Accordingly, petitioners received net settlement proceeds of $293,356. Petitioners did not report the settlement proceeds on their 1998 or 1999 Federal income tax returns. Discussion The parties stipulated that petitioners may not exclude any portion of the settlement from gross income under section 104 and that petitioners* net receipts of $293,356 are includable in gross income under section 61(a). The sole issue remaining in dispute is whether that portion of the settlement representing the attorney*s contingency fee of $206,644 should be included in petitioners* gross income for their 1998 and 1999 tax years. Summary judgment is intended to expedite litigation and avoid unnecessary trials. Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). A motion for summary judgment may be granted if there is no genuine issue as to any material fact. See Rule 121(b); Elec. Arts, Inc. v. Commissioner, 118 T.C. 226, 238 (2002). The moving party bears the burden of showing that there is no genuine issue of material fact, and factual inferences will be read in a manner most favorable to the party opposing summary judgment. Bond v. Commissioner, 100 T.C. 32, 36Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011