Legal Opinion

Barrett v. Commissioner

United States Tax Court

Decided May 20, 1991No. Docket No. 3028-89PublishedCited by 12 opinions

In 1981, P bought and sold options to buy stock, realizing a large profit which was reported for 1981 as short-term capital gain. The Securities and Exchange Commission (SEC) charged that P had used insider information in buying the options, and instituted proceedings to cancel his license as a broker. Certain other brokers filed lawsuits against P and others seeking $ 10 million. In 1984 the lawsuits were settled, with P paying $ 54,400 to the plaintiffs.

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In 1981, P bought and sold options to buy stock, realizing a large profit which was reported for 1981 as short-term capital gain. The Securities and Exchange Commission (SEC) charged that P had used insider information in buying the options, and instituted proceedings to cancel his license as a broker. Certain other brokers filed lawsuits against P and others seeking $ 10 million. In 1984 the lawsuits were settled, with P paying $ 54,400 to the plaintiffs. P also paid $ 17,721.79 in legal fees. The SEC dismissed its charges. Held, petitioners are entitled to a credit under sec. 1341(a)(5),…

1Opinion of the Court

OPINION

FEATHERSTON, Judge:

Respondent determined a deficiency in the amount of $22,001 in petitioners’ Federal income tax for 1984. The issues to be decided are as follows:

1. Whether, under section 1341,1 petitioners are entitled to a credit against their income tax for 1984 in an amount equal to the decrease in their income tax for 1981 attributable to the removal from 1981 gross income of $54,400, which was paid in 1984 to settle a claim asserted against petitioner Joseph A. Barrett for allegedly using insider information in buying and selling certain options to buy stock.

2. Whether…

2Cases cited23 opinions

  1. North American Oil Consolidated v. BurnetSupreme Court of the United States · 1932
  2. Higgins v. CommissionerSupreme Court of the United States · 1941
  3. Lyeth v. HoeySupreme Court of the United States · 1938
  4. Woodward v. CommissionerSupreme Court of the United States · 1970
  5. Healy v. CommissionerSupreme Court of the United States · 1953

18 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Alcoa, Inc. v. United StatesCourt of Appeals for the Third Circuit · 2007
  2. Batchelor-Robjohns v. United StatesCourt of Appeals for the Eleventh Circuit · 2015
  3. Cinergy Corp. v. United StatesUnited States Court of Federal Claims · 2003
  4. Pennzoil-quaker State Co. & Subsidiaries v. United StatesUnited States Court of Federal Claims · 2004
  5. Louis A. Mitchell v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1996

7 more not listed; retrieve them via the Exa API.

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