- 35 - position with respect to the punitive damages portion of the settlement amount. Because of our finding that there was substantial authority for petitioners' reporting position, we need not address the issue of whether they were negligent in not reporting the punitive damages as income. Accordingly, we find that petitioners are not liable for the section 6662(a) penalty for the portion of the underpayment of tax attributable to the punitive damages portion of the settlement amount. Interest Petitioners did not report any of the amount of the settlement proceeds that they received in 1991 as interest income. Respondent determined that a portion of the settlement amount is attributable to interest. Petitioners have presented no argument to support their reporting position on this issue, other than their assertion that section 104(a)(2) excludes the entire settlement amount. In Kovacs v. Commissioner, 100 T.C. 124 (1993), affd. per curiam without published opinion 25 F.3d 1048 (6th Cir. 1994), we stated that we had last analyzed this issue in Aames v. Commissioner, 94 T.C. 189 (1990), in which we held that interest was not excludable under section 104(a)(2). In Aames, we drew a distinction between the damages and the interest on the damages, noting that the nature of interest is that it is paid because ofPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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