E. Pauline Barnes - Page 12

                                       - 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          sec. 9 (West 1987) (repealed by 1995 Okla.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

Last modified: May 25, 2011