- 2 - petitioner’s taxable year 1996. The issue for decision is whether respondent abused his discretion in denying petitioner such relief. We hold that he did not. FINDINGS OF FACT Some of the facts have been stipulated and are so found. Petitioner resided in Aventura, Florida, when she filed the petition. At all material times, petitioner was, and remains, married to Dr. John Merendino (Dr. Merendino). Dr. Merendino’s Sale of Business In the early 1990s, Dr. Merendino established a business directed toward providing rehabilitation to elderly disabled people in nursing homes. In 1995, while Dr. Merendino was in negotiations to sell his business, the U.S. Department of Justice (“Justice Department”) was investigating Medicare payments made to Dr. Merendino. The Justice Department learned of the pending sale and mandated that the sales proceeds be placed in escrow pending the final resolution of the matter. On June 12, 1997, the Justice Department endorsed a settlement agreement authorizing disbursement of the funds, all of which were applied to taxes or to settle the civil Medicare case. Ultimately, Dr. Merendino did not receive any significant portion of the sale proceeds in cash because the proceeds were held in escrow. Petitioner’s Relationship With Dr. Merendino Petitioner and Dr. Merendino (the Merendinos) have beenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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