Sudhir P. Srivastava and Elizabeth S. Pascual - Page 35

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          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 of            




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