Roco v. Comm'r
United States Tax Court
Petitioner (P) sued the New York University Medical Center (NYUMC) in a qui tam action under the False Claims Act, 31 U.S.C. secs. 3729-3733 (2000). NYUMC agreed to pay $ 15,500,000 to the United States to settle the case.
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Petitioner (P) sued the New York University Medical Center (NYUMC) in a qui tam action under the False Claims Act, 31 U.S.C. secs. 3729-3733 (2000). NYUMC agreed to pay $ 15,500,000 to the United States to settle the case. The United States paid $ 1,568,087 of the settlement proceeds to P in 1997. The parties dispute whether the $ 1,568,087 qui tam payment is includable in P's gross income for 1997. Held: The $ 1,568,087 payment is includable in P's gross income for 1997. Held , further, P is liable for the accuracy- related penalty under sec. 6662(a), I.R.C., for 1997.
1Opinion of the Court
Colvin, Judge:
Respondent determined a deficiency in petitioner’s 1997 Federal income tax of $610,446 and an accuracy-related penalty under section 6662(a) of $122,093.
Petitioner sued the New York University Medical Center (nyumc) in a qui tam1 action under the False Claims Act (FCA), 31 U.S.C. secs. 3729-3733 (2000). In the qui tam action, petitioner claimed that NYUMC had submitted false information to the United States which resulted in a substantial overpayment of Federal funds to NYUMC. nyumc agreed to pay $15,500,000 to the United States in settlement of the case. The United States paid…
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