- 12 - at 2164 n.4, we hold that the settlement proceeds allocable to her mental distress claim were received on account of personal injuries and are excludable from gross income by section 104(a)(2). It has been established, however, that noncompensatory punitive damages are not excludable from gross income under section 104(a)(2). O'Gilvie v. United States, 519 U.S. ___, 117 S. Ct. 452 (1996); Commissioner v. Schleier, 515 U.S. at ___, 115 S. Ct. at 2165; Bagley v. Commissioner, 105 T.C. 396, 416 (1995). At the time of petitioner's claim, Oklahoma law provided that a jury could award punitive damages for the purposes of setting an example and punishing the defendant. Okla. Stat. Ann. tit. 23, sec. 9 (West 1987) (repealed by 1995 Okla. Sess. Laws 287); see Okla. Stat. Ann. tit. 23, sec. 9.1 (West Supp. 1996) for current version. Since Oklahoma law treats punitive damages as noncompensatory, we conclude that the $13,500 of the settlement proceeds that we allocated to punitive damages are not "on account of" petitioner's personal injuries because they were not "designed to compensate" petitioner for such personal injuries. O'Gilvie v. United States, 519 U.S. ___, 117 S. Ct. at 455 (quoting Commissioner v. Schleier, 515 U.S. at ___ n.5, 115 S. Ct. at 2165 n.5 (1995)). We therefore hold that the punitive damages portion of the settlement proceeds is not excludable from gross income by section 104(a)(2).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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