- 2 - The sole issue for decision is whether part of the proceeds petitioners received in settlement of a tort action is prejudgment interest, and, if so, whether it is excludable from gross income as damages for a personal injury under section 104(a)(2). We hold that $78,190 (42.53 percent of the $183,852 payment to Michael and Carrie Woods) and $790,587 (42.53 percent of the $1,858,948 payment to Jacquelyn Woods) was prejudgment interest and is not excludable from income under section 104. Unless otherwise specified, section references are to the Internal Revenue Code in effect for the year in issue. Rule references are to the Tax Court Rules of Practice and Procedure. Background The parties submitted these cases fully stipulated under Rule 122. A. Petitioners Petitioners Michael and Carrie Woods (the Woodses) lived in Warwick, Rhode Island, when they filed their petition. Jacquelyn Woods (Jacquelyn) is the minor child of the Woodses. Jacquelyn was born on September 25, 1985. Jacquelyn's shoulder was injured during birth. This injury resulted in stunted growth of her arm and permanent weakness and restricted motion of her arm and shoulder. B. The Tort Action, Judgment, and Interest The Woodses were represented by Mark Decof (Decof), who filed a medical malpractice suit in the Superior Court of RhodePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011