RJR Nabisco Inc. (Formerly R.J. Reynolds Industries, Inc.) and Consolidated Subsidiaries - Page 59

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          compensation for the undisputed value of the expropriated assets            
          and have awarded anything in respect of the concession.                     
          Respondent attaches to his brief a table (the table) purporting             
          to show that the going concern value of Aminoil on the                      
          expropriation date did not exceed $206,041,000.  Respondent                 
          attempts to make that showing by a series of present value                  
          calculations.  There are clear errors of mathematics in the                 
          table, and we fail to understand certain of respondent’s                    
          assumptions.  Also, we agree with petitioner that respondent may            
          have been too conservative in extending pre-expropriation profits           
          to post-expropriation years since the tribunal called for a post-           
          expropriation rate of return “somewhat more liberal” than                   
          appropriate for the pre-expropriation period.                               
                    7.  Conclusion                                                    
               The parties agree that the intention of the tribunal governs           
          as to whether the disputed item is disguised compensation for the           
          concession or a payment in the nature of interest.  Respondent              
          argues:                                                                     
               The ‘inflation’ factor, like the ‘interest’ factor, was                
               compensation for the delay in payment, and therefore,                  
               it is properly treated as ordinary income under section                
               61.  * * *                                                             
                           *      *      *      *      *                              
               The law is well settled that, amounts awarded for delay                
               in payment constitute ordinary income under section 61.                
               Kieselbach v. Commissioner, 317 U.S. 399, 402-405                      
               (1943); Tiefenbrunn v. Commissioner, 74 T.C. 1566                      
               (1980); Smith v. Commissioner, 59 T.C. 107 (1972).                     




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