George G. Green - Page 25

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          rather, they are punitive in nature.  O’Gilvie v. United States,            
          519 U.S. 79, 84 (1996) (citing Commissioner v. Schleier, 515 U.S.           
          323 (1995)).  In the whistleblower trial, petitioner asked for              
          punitive damages “to send a message to this agency, to all of               
          state government that they ought not treat their loyal employees            
          the way Mr. Green was treated”.                                             
               Interest received is included in gross income because it               
          compensates for the delay in the receipt of a principal amount              
          (i.e., the final judgment).  See Kieselbach v. Commissioner, 317            
          U.S. 399, 404 (1943); see also Robinson v. Commissioner, 102 T.C.           
          at 126; Kovacs v. Commissioner, 100 T.C. 124, 129 (1993), affd.             
          per curiam 25 F.3d 1048 (6th Cir. 1994); Aames v. Commissioner,             
          94 T.C. 189, 193 (1990).  Though petitioner contends that “there            
          was no ‘indebtedness’” upon which the interest could accrue and             
          that respondent may not “convert a portion of the Settlement                
          Consideration to interest”, there is an express allocation for              
          prejudgment and postjudgment interest set out in paragraph 6 of             
          the settlement agreement.                                                   
               Additionally, according to Potter, the settlement agreement            
          was worded “to try to minimize the state’s exposure to punitive             
          damages * * * [and pay] as little as possible in punitive                   
          damages”.  As set out in paragraph 1 quoted in our findings, the            
          State entered into the settlement agreement on the express                  
          condition that it “receive a substantial abatement” of the                  






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