Michael J. and Carrie L. Woods - Page 8

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          State court had used to calculate the prejudgment interest                  
          portion of the total judgment (that is, damages plus prejudgment            
          interest).  Respondent correctly applied the Rozpad allocation              
          formula.                                                                    
          B.   Petitioners' Other Contentions                                         
               Petitioners contend that prejudgment interest is part of               
          damages under Rhode Island law and is therefore excludable under            
          section 104(a)(2).  We disagree.  The Court of Appeals for the              
          First Circuit concluded that prejudgment interest is separate and           
          distinct from damages under Rhode Island law.  Rozpad v.                    
          Commissioner, supra at 6.                                                   
               In Kovacs v. Commissioner, supra at 130, we held that                  
          statutorily imposed interest in a wrongful death case under                 
          Michigan law is not excluded from income under section 104.                 
          Petitioners contend that Kovacs v. Commissioner, supra, was                 
          wrongly decided, in part because it is inconsistent with the                
          legislative history of section 104(a)(2).  We disagree with this            
          argument, which was rejected by the Court of Appeals for the                
          First Circuit in Rozpad v. Commissioner, supra at 5.                        
               Petitioners rely on McShane v. Commissioner, T.C. Memo.                
          1987-151, where we found that a settlement did not include                  
          interest.  However, McShane does not control because in that case           
          the parties agreed in a bona fide arm's-length negotiated                   








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