Yancy D. Greer and Rita K. Greer - Page 8




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          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 of                     











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