Bryan D. Watson, Jr., and Abigail S. Pfisterer - Page 3

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               Petitioners petitioned the Court to redetermine a $3,901               
          deficiency in their 2002 Federal income tax.  Following                     
          petitioners’ concessions, we are left to decide whether their               
          2002 gross income includes $15,672 of prejudgment interest                  
          received in a personal injury lawsuit.  We hold it does.                    
                                     Background                                       
               Some facts were stipulated.  We incorporate herein by this             
          reference the parties’ stipulation of facts and the exhibits                
          submitted therewith.  We find the stipulated facts accordingly.             
          Petitioners resided in Alaska when their petition was filed.                
               Bryan D. Watson, Jr. (Watson), was one of three plaintiffs             
          who filed lawsuits in Alaska Superior Court alleging damages from           
          a single accident that occurred in 1998.  Watson alleged in his             
          lawsuit that the defendants had caused him to suffer bodily                 
          injury on account of the accident.  Watson and the other two                
          plaintiffs settled the lawsuits for $384,219.59.  That amount               
          reflected the policy limits of the defendants’ insurance policy             
          inclusive of its face value ($300,000), attorney’s fees                     
          ($37,201.78), and statutorily required prejudgment interest                 
          ($47,017.81).  The $384,219.59 was reduced to $345,991.47 to                
          reflect subrogation liens and then split equally among the                  
          plaintiffs; i.e., $115,330.49 each.  Watson received his                    
          $115,330.49 in 2002 and did not include any of that amount in his           
          2002 gross income as reported on petitioners’ 2002 joint Federal            






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