- 2 - personal injury under section 104(a)(2). We hold that $64,510.60 (45.43 percent of the $137,437.50 payment) was prejudgment interest, and is not excludable under section 104. Unless otherwise specified, section references are to the Internal Revenue Code in effect for the year in issue. Rule references are to the Tax Court Rules of Practice and Procedure. Background The parties submitted this case fully stipulated under Rule 122. A. Petitioner Petitioner resided in North Scituate, Rhode Island, when he filed his petition. On October 12, 1982, while petitioner was driving his motorcycle, he was struck by a truck attempting to make an illegal U-turn. The truck was owned by Allied Fence & Guardrail, Inc. (Allied Fence), and driven by an Allied Fence employee. Petitioner suffered serious back injuries, requiring more than 3 years of physical therapy. B. The Tort Action, Judgment, and Interest Petitioner was represented by John Coughlin (Coughlin) who filed a personal injury lawsuit on petitioner's behalf in the Superior Court of Rhode Island on November 13, 1984, against Allied Fence and the employee driving the truck. Allied Fence was represented by Peter J. Comerford (Comerford) and was insured by Aetna Life and Casualty (Aetna).Page: Previous 1 2 3 4 5 6 Next
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