- 25 - 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 thePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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