- 8 - exact total amount reflected in the Agreement. Both the Satisfaction of Judgment document and the $195,477 check issued by the State's Insurance specifically reflect that payment was in satisfaction of the court judgment. The Agreement and the Satisfaction of Judgment documents simply acknowledge that the doctor, the Doctor's Insurance, and the State's Insurance satisfied their respective financial liabilities under the $170,000 court judgment. Because Louisiana courts are required to award prejudgment interest on damages awarded relating to personal injuries, petitioners argue that, for income tax purposes, compulsory prejudgment interest should be eligible for exclusion under section 104(a)(2). Interest, however, is separate and distinct from damages and generally is awarded to compensate for delay in payment. See Rozpad v. Commissioner, 154 F.3d at 6. Although petitioner, under Louisiana law, may have received prejudgment interest automatically as a result of her medical malpractice claim, under the Internal Revenue Code that income is nevertheless taxable as interest income. Although the court judgment amount of $170,000 clearly reflects income from personal injuries within the scope ofPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011