- 7 -7 the First Circuit found, on similar facts, that the phrase "no interest" is ambiguous and could mean that there is no interest in addition to the interest implicit in the settlement amount. See also Delaney v. Commissioner, T.C. Memo. 1995-378; Forest v. Commissioner, T.C. Memo. 1995-377, affd. without published opinion 104 F.3d 348 (1st Cir. 1996). Second, the stipulations are not part of the settlement and do not relate to the allocation of settlement proceeds. They are merely requests for the court to dismiss the respective actions without imposing interest or costs. Accordingly, a portion of both the Rozpads' and the DiBiasios' settlement is allocable to prejudgment interest. Respondent determined that a portion of each settlement must be allocated to statutory interest in the same ratio that statutory interest bore to the total judgment. The facts and case law support respondent's determination. Each settlement occurred after petitioners received awards of damages and prejudgment interest. In Delaney, 99 F.3d at 25-26, the Court of Appeals affirmed this Court's finding that the prejudgment interest component of a settlement was in the same proportion as the prejudgment interest that was added to the court's damage award. See Robinson v. Commissioner, 70 F.3d 34, 38 (5th Cir. 1995), affg. in part, revg. in part and remanding in part 102 T.C. 116 (1994); see also United States v. Burke, 504 U.S. 229,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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