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            
          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.                                                                  





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