- 29 - punitive damages, we must estimate the portion of the payment attributable to each. Cf. Bayou Verret Land Co. v. Commissioner, 450 F.2d 850, 858 (5th Cir. 1971), affg. in part, revg. in part and remanding 52 T.C. 971 (1969); Cohan v. Commissioner, 39 F.2d 540, 543-544 (2d Cir. 1930); Vanicek v. Commissioner, 85 T.C. 731, 742-743 (1985). In such an instance, we make as close an approximation as possible and may choose to bear heavily upon the taxpayer “whose inexactitude is of his own making.” Cohan v. Commissioner, supra at 543-544. Given that there is little or no evidence of the extent of economic damages to the well caused by Halliburton’s delay in controlling the blowout, and the inherent imprecision in measuring mental anguish or punitive damages, we estimate that half of the Halliburton settlement ($100,000) was paid to settle the claim for economic damages to the well and therefore is not excludable from petitioners' gross income.8 We estimate that the remaining $100,000 was paid to settle Mr. Burditt's claim for mental anguish or for punitive damages. Guided by the pleadings filed by CRI and Mr. Burditt which sought $10 million in actual damages and $5 million in punitive damages, we allocate two-thirds of the remaining $100,000 as paid in lieu of defending against Mr. Burditt's claim for mental anguish and 8 To the extent amounts were paid to CRI rather than petitioners, we sustain respondent’s determination, which petitioners have not addressed, that petitioners received constructive dividends from CRI.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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