RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 53

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          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 prove           





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