- 8 - received "on account of personal injuries or sickness". Sec. 104(a)(2); Commissioner v. Schleier, supra at 337. Where amounts are received pursuant to a settlement agreement, the nature of the claim that was the actual basis for settlement controls whether such amounts are excludable from gross income pursuant to section 104(a)(2). United States v. Burke, 504 U.S. 229, 237 (1992). The critical question is "in lieu of what were damages awarded" or paid. Bent v. Commissioner, 87 T.C. 236, 244 (1986), affd. 835 F.2d 67 (3d Cir. 1987); see Bagley v. Commissioner, 105 T.C. 396, 406 (1995). Consideration of the nature of the claim is a factual inquiry. Robinson v. Commissioner, 102 T.C. 116, 127 (1994), affd. in part, revd. in part and remanded 70 F.3d 34 (5th Cir. 1995). If the settlement agreement lacks express language stating the purpose for which the settlement proceeds were paid, then the most important factor in deciding whether the section 104(a)(2) exclusion applies is the intent of the payor as to the purpose in making the payment. Stocks v. Commissioner, 98 T.C. 1, 10 (1992), and cases cited therein. If the payor's intent cannot be clearly discerned from the settlement agreement, we examine all of the facts and circumstances in the case. Robinson v. Commissioner, supra at 127. In the instant case, respondent contends that petitioner's failure to file a claim prior to signing the release precludes petitioners' exclusion of the ITO payment from gross incomePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011