- 21 - compensation under State law. Kieselbach v. Commissioner, 317 U.S. 399, 403 (1943); Tiefenbrunn v. Commissioner, 74 T.C. 1566, 1571 (1980); Ferreira v. Commissioner, 57 T.C. 866, 871 (1972); Fulks v. Commissioner, T.C. Memo. 1989-190 (involving Maryland quick-take condemnation). Petitioner next argues that, even if prejudgment interest is taxable as ordinary income, no portion of the $61,604 included prejudgment interest. To determine whether interest was included in the condemnation settlement, we must examine the facts and circumstances of the case. Smith v. Commissioner, 59 T.C. 107 (1972). Principally, petitioner relies on the fact that a schedule attached to the letter which included the State's final installment of the condemnation award indicated that no prejudgment interest was payable. We reject this argument, as the following facts and circumstances indicate that prejudgment interest was included in the $61,604: (1) Prejudgment interest is a required component of just compensation under Maryland law, see King v. State, supra at 1035; (2) in the negotiations preceding the agreed upon condemnation award, prejudgment interest was included in the proposed settlement amounts, with the only issue being the principal amount upon which it would be computed and the rate of interest to be used; (3) on the date the settlement was reached, petitioners' counsel specifically asked the circuit court to include prejudgment interest in the court's judgment; and (4) in a stipulation and waiver entered into byPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011