- 36 - the delay in the receipt of a principal amount (the damage award). Kovacs v. Commissioner, supra at 129. Furthermore, in Kovacs, we stated that the issue of the excludability of damages and the interest awarded thereon first arose in Riddle v. Commissioner, 27 B.T.A. 1339 (1933), which held, applying the predecessors of sections 61(a) and 104(a)(2), that interest was not part of damages and is includable in income. We also stated that since Riddle was decided in 1933, we have found no cases which suggest that interest paid on an award of damages received on account of personal injury is excludable under section 104(a)(2). Finally, we observed that since Riddle was decided, the exclusion for personal injury damages has been reenacted and amended numerous times; nevertheless, the statute continues to exclude only "damages" and omits any reference to "interest", which implies a continuing acceptance by Congress of the existing interpretation of the exclusion. Accordingly, we find that there was no substantial authority for petitioners' reporting position for the interest portion of the settlement amount they received in 1991. Reasonable Cause and Good Faith Exception Section 6664(c)(1) provides that the penalty under section 6662(a) shall not apply to any portion of an underpayment if it is shown that there was reasonable cause for the taxpayer's position with respect to that portion and that the taxpayer actedPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011