- 2 - 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 is. (3) Whether petitioner is liable for an addition to tax under section 6654(a) for the 2001 tax year. We hold that he is not. 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 Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007