- 19 - as petitioner's attorneys could not be parties in the cause of action and did not otherwise have rights in the cause of action equal to those of petitioner, in the terms of Lucas v. Earl, supra, the attorneys did not own any portion of the tree from which the settlement proceeds were derived. Accordingly, we find that petitioners realized benefit from the entire amount of the settlement proceeds, and they may not exclude from their gross income the portion of the settlement proceeds paid to Branton & Hall and Spears. Issue 2. Whether Under Section 104(a)(2) Petitioners May Exclude the Entire Settlement Amount From Their Gross Income Respondent and petitioners agree that the amount received by petitioner for actual damages is excludable from petitioners' income under section 104(a)(2). Respondent determined that the $8,500,000 settlement amount should be allocated proportionally to the judgment of $11,500,000 in actual damages, $17,500,000 in punitive damages, and prejudgment interest of $2,597,201.9 Petitioners assert that as $8,500,000 is exactly the amount that petitioner initially pled as actual damages, and as it is 9 We note that this method of allocation was approved in Robinson v. Commissioner, 70 F.3d 34, 38 (5th Cir. 1995), affg. in part, revg. in part and remanding 102 T.C. 116 (1994); see also Rozpad v. Commissioner, T.C. Memo. 1997-528 (the judgment, albeit not final, nonetheless furnishes an adequate guideline for allocation by the Commissioner to the extent that it is composed of both compensatory damages and prejudgment interest), affd. __ F.3d __ (1st Cir. Aug. 25, 1998).Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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