Sudhir P. Srivastava and Elizabeth S. Pascual - Page 36

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          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 acted           




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