Norman L. and Catherine J. Forste - Page 24

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          1605(d)(2), 110 Stat. 1839.  Accordingly, the amended version of            
          section 104(a)(2) does not apply to this case.  Before Congress             
          amended section 104(a)(2) in 1996 to limit the exclusion to                 
          amounts received for physical personal injuries, the U.S. Supreme           
          Court interpreted section 104(a)(2) to encompass harms both                 
          tangible and intangible, both physical and nonphysical.                     
          Commissioner v. Schleier, supra at 329 n.4; see also United                 
          States v. Burke, supra at 235-236; Roemer v. Commissioner, 716              
          F.2d 693, 697 (9th Cir. 1983), revg. 79 T.C. 398 (1982); Bland v.           
          Commissioner, T.C. Memo. 2000-98.  Intangible harms recognized as           
          within the scope of the statute include those affecting emotions,           
          reputation, or character.  United States v. Burke, supra at 235             
          n.6.  Further, the intangible harms of discrimination, e.g.,                
          emotional distress, can constitute personal injuries, and                   
          compensation for such harms may be excludable under section                 
          104(a)(2).  Commissioner v. Schleier, supra at 332 n.6.  The                
          parties stipulated that Mr. Forste “became extremely distressed             
          at being pressured to fly; he was terrified by the thought of               
          flying” and “started having nightmares again and developed                  
          headaches which required that he take Tylenol with codeine.”  Mr.           
          Forste contemplated suicide as a result of DHS’s actions.  Mr.              
          Forste’s claims of emotional distress qualify as claims for                 
          personal injuries for purposes of this case.                                








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