- 3 - Respondent’s motion for summary judgment concedes that there was reasonable cause for the understatement of tax required to be shown on petitioners’ 2002 return and that petitioners acted in good faith. Accordingly, respondent concedes, pursuant to section 6664(c), that petitioners are not liable for the accuracy-related penalty of $1,254. In light of that concession, respondent’s motion is deemed to be a motion for partial summary judgment. The petition asserts that $30,000 of the amount received from the Campbell v. State Farm Settlement Fund “was for personal injury” and is not includable in gross income. The petition refers to the fact that this amount was received in connection with the settlement of Campbell v. State Farm Mut. Auto. Ins. Co., CIV 99-505-TUC, D. Ariz. (hereafter referred to as Campbell v. State Farm) a lawsuit that expressly required participants to have “sustained [personal] injury”. The petition asserts that the remainder, $199, “was for interest”. The petition states that petitioners had “sent $32.86 to the IRS as payment for the additional taxes for $199.” According to respondent, the record “clearly shows that Campbell v. State Farm was not a personal injury suit, but was solely a complaint for compensatory damages, plus interest and fees, directly and proximately arising fromPage: 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