2005 Tax Ct. Summary LEXIS 174">*174 PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b), THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.
LARO, Judge: This case was heard pursuant to the provisions of
Petitioners petitioned the Court to redetermine a $ 3,901 deficiency in their 2002 Federal income tax. Following petitioners' concessions, we are left to decide whether their 2002 gross income includes $ 15,672 of prejudgment interest received in a personal injury lawsuit. We hold it does.
Background
Some facts were stipulated. We incorporate herein by this reference the parties' stipulation of facts and the exhibits submitted therewith. We find the stipulated facts accordingly. Petitioners resided in Alaska when their petition was filed.
Bryan D. Watson, 2005 Tax Ct. Summary LEXIS 174">*175 Jr. (Watson), was one of three plaintiffs who filed lawsuits in Alaska Superior Court alleging damages from a single accident that occurred in 1998. Watson alleged in his lawsuit that the defendants had caused him to suffer bodily injury on account of the accident. Watson and the other two plaintiffs settled the lawsuits for $ 384,219.59. That amount reflected the policy limits of the defendants' insurance policy inclusive of its face value ($ 300,000), attorney's fees ($ 37,201.78), and statutorily required prejudgment interest ($ 47,017.81). The $ 384,219.59 was reduced to $ 345,991.47 to reflect subrogation liens and then split equally among the plaintiffs; i.e., $ 115,330.49 each. Watson received his $ 115,330.49 in 2002 and did not include any of that amount in his 2002 gross income as reported on petitioners' 2002 joint Federal income tax return. Respondent determined that petitioners' 2002 gross income included the portion of the $ 115,330.49 that was paid as prejudgment interest; i.e., $ 15,672.
Discussion
Petitioners argue that the $ 15,672 is excudable from their gross income under
Decision will be entered for respondent.