Steven P. and Maureen Cade - Page 8




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          included in his gross income only the $665,000 of proceeds which            
          he received as an award of punitive damages.  Petitioner excluded           
          from his gross income the rest of the settlement proceeds on the            
          grounds that he had received those amounts as compensation for              
          personal injuries.                                                          
               Respondent determined that petitioner could exclude from his           
          gross income only the following amounts:                                    
                         Defamation               $1,000,000                          
                         Emotional distress       500,000                             
                         Invasion of privacy       10,000                             
                    Total                          1,510,000                          
          Respondent determined that petitioner’s gross income includes:              
          (1) The $2,315,000 that he received for loss of past and future             
          compensation and employment benefits and (2) the $10,000 that he            
          received for conversion of personal property.                               
                                     Discussion                                       
               We are faced once again with a determination as to the                 
          taxability of proceeds received through the prosecution or                  
          settlement of a lawsuit.  Petitioner obviously wants to maximize            
          his recovery by paying the least amount of taxes thereon.                   
          Section 104(a)(2) and the regulations thereunder allow him to               
          exclude from his gross income the proceeds of a settlement when             
          two conditions are met.2  First, the cause of action giving rise            



               2 Sec. 104(a)(2) generally provides that gross income does             
          not include "the amount of any damages received (whether by suit            
          or agreement * * *) on account of personal injuries or sickness".           





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