- 8 - 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 negotiatedPage: Previous 1 2 3 4 5 6 7 8 9 Next
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