-2- P-H received any part of the $135,000 sum on account of personal physical injury or physical sickness, as required by sec. 104(a)(2), I.R.C. Held, further, Ps are liable for accuracy-related penalties pursuant to sec. 6662, I.R.C. Held, further, Jurisdiction of this Court is not available to consider Ps claim for suspension of interest under sec. 6404(g), I.R.C. Thomas F. DeCaro, Jr., for petitioners. Innessa Glazman Molot, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION NIMS, Judge: Respondent determined a deficiency of $146,316 in petitioners’ 2001 Federal income tax, as well as an accuracy- related penalty under section 6662(a) and (d) of $29,263 for substantial understatement of income tax. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue. After concessions, the issues for decision are: (1) Whether any portion or the entirety of certain unreported settlement proceeds aggregating $135,000, specifically identified in a settlement agreement between petitioner Jesse Goode and the District of Columbia as nontaxable pursuant to section 104(a)(2), is excludable from petitioners’ 2001 gross income; (2) whether petitioners are liable forPage: 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