- 53 - disputed amount, necessarily, is in the nature of interest. We find that the award is ambiguous with respect to the disputed item. 4. Extrinsic Evidence Since we cannot resolve the ambiguity with respect to the disputed item from the terms of the award (or the arbitration agreement, from which it springs), we must turn to extrinsic evidence to determine its meaning. Cf. North W. Life Assurance Co. v. Commissioner, 107 T.C. 363, 382 (1996) (with respect to the language of a treaty, “when language is susceptible to differing interpretations, extrinsic materials bearing on the parties’ intent should be considered.”); Woods v. Commissioner, 92 T.C. 776, 780 (1989) (similar, with respect to a consent extending time to assess tax); Church v. Commissioner, 80 T.C. 1104, 1107 (1983) (evidence extrinsic to jury verdict considered to determine nature of monetary award); Johnston v. Commissioner, 42 T.C. 880, 882 (1964) (history of lump-sum condemnation award considered to determine allocation of proceeds). 5. Expert Testimony of Charles N. Brower Petitioner argues that the award is ambiguous with respect to the disputed item because the tribunal used the disputed item to disguise its award to Aminoil of compensation for Kuwait’s premature termination of the concession. Petitioner relies principally on the expert testimony of Charles N. Brower to provePage: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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