- 10 - McShane v. Commissioner, T.C. Memo. 1987-151. The taxpayers in McShane settled a personal injury lawsuit. The settlement agreement in McShane stated that amounts to be paid did not include costs or interest. In McShane, we found that the payments were entirely for the taxpayers’ personal injuries. McShane is distinguishable because the RRC agreement does not state that the settlement payment did not include interest.4 4. Conclusion Neither the settlement negotiations nor the RRC agreement shows that the entire $839,000 payment was damages for personal injuries. The RRC agreement does not allocate the $839,000 payment between damages and interest or state whether any of the payment is for interest.5 Cf. id. (settlement agreement stated that payment included no interest). We conclude that LPCF did not pay petitioners more than $400,000 for personal injuries. Thus, petitioners have not shown that respondent’s determination, as adjusted, is incorrect. 4 Because McShane v. Commissioner, T.C. Memo. 1987-151, is distinguishable, we need not decide petitioners’ contention that neither Rozpad v. Commissioner, 154 F.3d 1 (1st Cir. 1998), affg. T.C. Memo. 1997-528, nor Delaney v. Commissioner, 99 F.3d 20 (1st Cir. 1996), affg. T.C. Memo. 1995-378, overruled McShane. 5 Petitioners contend that, under Robinson v. Commissioner, 70 F.3d 34, 37 (5th Cir. 1995), affg. in part and revg. in part 102 T.C. 116 (1994), the character of the settlement payment is determined solely by the language of the settlement agreement. In light of our conclusion regarding the RRC agreement, we need not further consider petitioners’ reliance on Robinson.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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