Steven P. and Maureen Cade - Page 13




                                       - 13 -                                         
          ourselves whether Harris paid any portion of the $2,315,000 on              
          account of personal injuries or sickness.  We answer those                  
          questions “No”.  Harris paid petitioner none of that amount “by             
          reason of, or because of, * * * [a tortlike claim for] personal             
          injuries”.  O’Gilvie v. United States, 519 U.S. at 83.                      
          Petitioner’s recovery of that amount arose out of his employment            
          agreement with CGC, and the $2,315,000 that petitioner received             
          as compensation was slightly less than the approximate amount of            
          salary, incentive compensation, and supplemental compensation               
          that petitioner claimed he was entitled to by virtue of CGC’s               
          breach of his employment agreement with it.  Moreover, petitioner           
          listed in the questionnaire no claim for damages from a personal            
          injury, classifying the total amount that he was pursuing through           
          the lawsuit as that from a nonpersonal injury, and the jury                 
          awarded the $2,315,000 to petitioner as damages for loss of past            
          and future compensation and employment benefits.  Under the facts           
          at hand, we conclude that petitioner received the portion of the            
          $2,315,000 attributable to the torts as “‘legal injuries of an              
          economic character’”, and, accordingly, that the recovery of that           
          portion was not for personal tortlike injuries.  United States v.           
          Burke, supra at 239 (quoting Albemarle Paper Co. v. Moody, 422              
          U.S. 405, 418 (1975)); see also Commissioner v. Schleier, 515               
          U.S. at 331 (economic injuries are not personal injuries for                
          purposes of section 104(a)(2)); Fabry v. Commissioner, 111 T.C.             
          305 (1998); Robinson v. Commissioner, supra at 126 (section                 




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011