- 6 - whether petitioner received the settlement proceeds on account of a personal injury. Section 104(a)(2) and the regulations thereunder exclude settlement proceeds from a taxpayer’s gross income when: (1) The underlying cause of action giving rise to the recovery of these funds is based upon tort or tort type rights and (2) the funds are received on account of personal injuries or sickness.3 When a taxpayer fails either of these tests, the settlement proceeds are not excludable under section 104(a)(2). Sec. 104(a)(2); sec. 1.104-1(c), Income Tax Regs.; see also Commissioner v. Schleier, 515 U.S. , 115 S. Ct. 2159, 2163 (1995); United States v. Burke, 504 U.S. 229, 233 (1992); Banks v. United States, 81 F.3d 874 (9th Cir. 1996). Respondent argues that petitioner, because it is a corporation, did not suffer a personal injury for purposes of section 104. Petitioner argues that it did receive the proceeds on account of a personal injury, given the fact that it had only one shareholder. Petitioner argues that the consequences of the Defendants’ “wrongful conduct” fell entirely upon Mr. Magaddino, because he was its sole shareholder and it was conducting his business. Petitioner argues that it should not be denied the benefit of section 104(a)(2) merely because Mr. Magaddino chose to conduct his business as a corporation. 3 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".Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011