Joseph M. Perry - Page 2

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          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).                                         




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