Smith v. Commissioner
Case Details
- Judge(s)
- Dawson
- Status — whether other courts must follow this ruling
- Published
Related Laws
No specific laws identified for this ruling.
Excerpt
On June 23, 1964, a portion of petitioners' land was condemned by the Commonwealth of Pennsylvania. Appraisal values were obtained. On June 13, 1966, petitioners filed a Petition for Appointment of a Board of Viewers requesting just compensation and detention damages. The Court of Common Pleas appointed a Board of Viewers with direction to assess damages in accordance with law. Petitioners later made an offer to settle their claim and Pennsylvania made a counteroffer. The condemnation claim was settled on the basis of Pennsylvania's counteroffer ($ 44,500) which included detention damages, interest, and cost of litigation. On October 31, 1966, the Court of Common Pleas approved the settlement by an order, which allocated $ 14,500 for the land condemned and $ 30,000 for severance damages. The inclusion of interest as one element in a lump-sum condemnation settlement is required as a standard practice by Pennsylvania law. In placing the claim in line for payment pursuant to the settlement, the Commonwealth of Pennsylvania made an allocation of the gross amount ($ 44,500) between detention damages of $ 5,804.35 and the net award of $ 38,695.65. Held, that $ 5,804.35 was received by petitioners as detention damages, which is in the nature of interest, and therefore taxable as ordinary income under sec. 61(a)(4), I.R.C. 1954.
What This Ruling Means
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Similar Rulings
Held: An amount received in settlement of a claim of race discrimination made pursuant to title VII of the Civil Rights Act of 1964 is not excludable from gross income pursuant to sec. 104(a)(2), I.R.C., as an amount received on account of personal injury. United States v. Burke, 504 U.S. , 112 S. Ct. 1867 (1992).
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