Sudhir P. Srivastava and Elizabeth S. Pascual - Page 39

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          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 an                




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