- 6 - In Rozpad v. Commissioner, supra, the U.S. Court of Appeals for the First Circuit, the circuit in which this case is appealable, approved the Tax Court's allocation of the prejudgment interest component of a settlement under Rhode Island law where the parties did not allocate any amount to prejudgment interest. The allocation of prejudgment interest in Rozpad was calculated by using a ratio based on the judgment of the State court to apportion the total settlement as between prejudgment interest (added to the court's tort damage award under R.I. Gen. Laws section 9-21-10) and compensatory damages. Rozpad is indistinguishable from this case. The clerk of the Rhode Island court calculated a prejudgment interest component of $62,437.50 of the judgment under R.I. Gen. Laws section 9-21-10, which was 28.61 percent of the total judgment. Applying the allocation formula in Rozpad, we conclude that $42,9104 of the $150,000 was prejudgment interest. B. Petitioners' Other Contentions Petitioners contend that we should not consider the Form 1099 that Allstate issued that stated Allstate was paying petitioners $50,000 as prejudgment interest because Allstate issued it unilaterally. We do not consider that form.5 4 Respondent concedes that this amount is correct. 5 Petitioners make no argument based on the amended Form 1099 that Allstate issued.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011