Paul E. Ballmer - Page 2
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addition to tax under section 6651(a)(1)1 of $27,303.75, and an
addition to tax under section 6654(a) of $4,364.63 for
petitioner’s 2001 tax year. Respondent has conceded the
allowance of a miscellaneous deduction for the attorney’s fees
petitioner incurred as part of his litigation against the FTB.
After concessions, the issues for decision are:
(1) Whether $337,122.53 received by petitioner in 2001
pursuant to a jury award is gross income that may be excluded
under section 104(a)(2). We hold that the award is gross income
and is not excluded.
(2) Whether petitioner is liable for an addition to tax
under section 6651(a)(1) for the 2001 tax year. We hold that he
(3) Whether petitioner is liable for an addition to tax
under section 6654(a) for the 2001 tax year. We hold that he is
FINDINGS OF FACT
Some of the facts have been stipulated and are so found.
The stipulations of facts and related exhibits are incorporated
herein by this reference. Petitioner lived in Los Angeles,
California, at the time his petition was filed.
1Unless otherwise indicated, all section references are to
the Internal Revenue Code in effect for the year at issue, and
all Rule references are to the Tax Court Rules of Practice and
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Last modified: November 10, 2007