- 59 - 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).Page: 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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