Christopher J. and Vickilynn M. McCann - Page 12




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          whether an LPCF payment under Louisiana law included interest               
          which was not excludable from income under section 104(a)(2).               
          As in Greer, the reasoning of Rozpad is helpful in deciding this            
          issue.                                                                      
               Petitioners contend that Greer is distinguishable because              
          the Agreement and the Satisfaction of Judgment in that case did             
          not state that the settlement was entirely for personal injuries.           
          We disagree.  The RRC agreement is similar to the Agreement and             
          the Satisfaction of Judgment in Greer because the agreement in              
          each case was silent as to whether any part of the settlement was           
          for interest.  The check from LPCF to the taxpayer in Greer bore            
          a numerical code which indicated that part of the payment was for           
          interest.  Here, the LPCF check to petitioners also bore a                  
          numerical code which indicated $439,000 of the payment was for              
          interest.                                                                   
          D.   Conclusion                                                             
               We conclude that $255,983 of the $893,000 payment was                  
          interest.                                                                   
               To reflect respondent’s concession and the foregoing,                  


                                                       Decision will be               
                                                  entered under Rule 155.             










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