- 7 - 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 didPage: Previous 1 2 3 4 5 6 7 8 Next
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