- 6 - OPINION Petitioners asserted in their petition that the $500,000 of income and the $527,004 of legal fees were properly reported on their 1999 Schedule C. Petitioners abandoned those assertions at trial, asserting instead that petitioner received the $500,000 from Pacific Bank on a sale of the Crown life policy by petitioner to Pacific Bank. As petitioners now see it, the $500,000, less their basis in the policy, is taxable to them as a capital gain. Petitioners argue that their basis in the Crown life policy equaled the amount of the premiums that were taxed to them. Petitioners assert that $181,348.33 of the $500,000 was paid to them for the cash value of the Crown life policy, and the balance, $318,651.67, was paid to them for the policy’s other attributes. The credible evidence in the record does not allow us to find that petitioners had any basis in the Crown life policy, e.g., we are unable to find that petitioners paid any of the premiums on the policy or included in their gross income any of the premiums. Nor does the credible evidence allow us to find that the policy had any particular cash value. Thus, the issue that remains is whether the $500,000 received by petitioners is taxable as ordinary income or as a capital gain. Respondent observes that petitioners received the $500,000 in settlement of their claim to ownership of the Crown life policy, that thePage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007