Michael J. and Carrie L. Woods - Page 7

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               Respondent's determination is presumed to be correct, and              
          petitioners bear the burden of proving otherwise.  Rule 142(a).             
               We must decide whether, and, if so, to what extent the                 
          settlement petitioners received was prejudgment interest, and               
          whether it is excludable from income under section 104(a)(2).               
               In Rozpad v. Commissioner, supra, the U.S. Court of Appeals            
          for the First Circuit, the circuit in which this case is                    
          appealable, approved the Tax Court's allocation of the                      
          prejudgment interest component of a settlement under Rhode Island           
          law where the parties did not allocate any amount to prejudgment            
          interest.  The allocation of prejudgment interest in Rozpad was             
          calculated by applying a ratio based on the judgment of the State           
          court, to apportion the total settlement between prejudgment                
          interest (added to the State court's tort damage award under R.I.           
          Gen. Laws section 9-21-10) and compensatory damages.  Rozpad is             
          indistinguishable from this case.                                           
               The clerk of the Rhode Island court calculated a prejudgment           
          interest component of $88,800 to the Woodses' award and $888,000            
          to Jacquelyn's award under R.I. Gen. Laws section 9-21-10, which            
          was 42.53 percent of each total award.  Respondent determined               
          that $78,190 of the $183,852 settlement with the Woodses and                
          $790,587 of the $1,858,948 settlement with Jacquelyn was                    
          prejudgment interest by using as the ratio of prejudgment                   
          interest to total settlement the same ratio that the clerk of the           






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