Andrea Cipriano - Page 12




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               Gross income includes all income from whatever source                  
          derived.  See sec. 61(a).  Interest received is specifically                
          included within the definition of gross income.  See sec.                   
          61(a)(4).  Generally, any portion of a judgment that compensates            
          taxpayers for delay in receipt of money constitutes interest                
          income and is taxable as such.  See Kieselbach v. Commissioner,             
          317 U.S. 399, 403 (1943).                                                   
               Petitioner contends that the portions of the installment               
          payments received from her ex-spouse in 1994 and 1996 that were             
          denominated as interest (namely, $10,664 and $4,950,                        
          respectively)  represented postdivorce appreciation in the value            
          of her ex-spouse’s law practice and that these amounts should be            
          treated as nontaxable transfers under section 1041.  To the                 
          contrary, it is clear that the above amounts compensated                    
          petitioner for delay in the receipt of the marital assets to                
          which petitioner was entitled as of the day of the divorce.  The            
          amounts received are consistent with the 5.5-percent interest               
          rate specified in the agreement.4   The $10,664 and the $4,950              
          that petitioner received in 1994 and 1996 constitute interest               
          income.                                                                     



          4   Assuming that the installment payments were paid on time each           
          year, the approximate interest to be received each year by                  
          petitioner on $150,000 payable in 5 annual installments of                  
          $30,000 would be $8,250 in year 1, $6,600 in year 2, $4,950 in              
          year 3, $3,300 in year 4, and $1,650 in year 5.                             





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