P & X Markets, Inc. - Page 7

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               We agree with respondent.  Respondent’s position is                    
          supported by statements of this Court and the Court of Appeals              
          for the Ninth Circuit, although the issue was not squarely                  
          before either Court.  The Court of Appeals stated in Roemer v.              
          Commissioner, 716 F.2d 693, 699 n.4 (9th Cir. 1983), revg.                  
          79 T.C. 398 (1982), that “a corporation by its very nature cannot           
          suffer a personal injury.  A corporation is a business entity and           
          not a human being”.  This Court later stated in a Court-reviewed            
          opinion that “Exclusion under section 104 will be appropriate if            
          compensatory damages are received on account of any invasion of             
          the rights that an individual is granted by virtue of being a               
          person in the sight of the law.”  Threlkeld v. Commissioner,                
          87 T.C. 1294, 1308 (1986), affd. 848 F.2d 81 (6th Cir. 1988).  We           
          noted, referring to the Court of Appeals statement above, that              
          “Although a corporation is treated as a ‘person’ for many                   
          purposes, it is, nonetheless, a business entity and not a human             
          being.  We do not suggest that a corporation could avail itself             
          of the exclusion granted by sec. 104(a)(2).”  Id. at 1308 n.7.              
               This issue was squarely presented in Boyette Coffee Co. v.             
          United States, 775 F. Supp. 1001 (W.D. Tex. 1991), where the                
          court held that the taxpayer/corporation did not suffer a                   
          personal injury as a matter of law.  The language of section 104,           
          when read as a whole, helped to persuade the court in that case             
          that the term “personal injury” as used in section 104(a)(2) does           
          not apply to a corporation.  We likewise hold that petitioner did           




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