- 39 - court's charge to the jury and the jury's answers to the interrogatories submitted to them. This document lists the amounts the jury awarded on each of the charges on which petitioner brought suit; it does not, however, indicate that prejudgment or postjudgment interest is to be provided on the amounts. Elms testified that at the time he prepared petitioners' return, it was his understanding that punitive damages awarded on a personal injury case were not taxable. Elms was concerned whether the award included some interest income; however, he concluded that no part of the amount received would be considered interest income. Petitioner signed the partial settlement agreement; therefore, he knew that Harte-Hanks agreed to make a settlement payment in part for all of the postjudgment interest on the first $22 million of liability. Petitioner knew the actual damages totaled $11,500,000, he knew that Columbia and Hudson were not liable to pay anything unless the total award exceeded $12 million, and he knew that Columbia and Hudson paid $3 million to settle their potential liability. Therefore, petitioner knew that the settlement agreement contained pertinent information that was not included in the document he provided Elms. Petitioner, in possession of pertinent information, may not claim good faith and reasonable cause when he stands mute while his tax adviser in ignorance of such information comes to anPage: 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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