- 9 -9 the Weisel payment was received in consideration for petitioner's transfer to Weisel of part of petitioner’s substantially larger interest in Biomass. Petitioner bears the burden of proof, Rule 142(a), and has failed to prove that the Weisel payment constitutes an amount of damages received on account of personal injuries. B. Biomass Lawsuit Section 1.104-1(c), Income Tax Regs., interprets section 104(a)(2) as follows: Section 104(a)(2) excludes from gross income the amount of any damages received (whether by suit or agreement) on account of personal injuries or sickness. The term “damages received (whether by suit or agreement)” means an amount received (other than workmen's compensation) through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution. The settlement proceeds do not constitute damages received on account of personal injuries (to petitioner) within the meaning of section 104(a)(2). The third amended complaint, which was the basis for the settlement agreement, makes no claims for damages due to personal injuries to petitioner. The settlement agreement makes no allocation to claims for such damages, and petitioner has failed to show that the S-P parties intended to settle any claims for personal injuries to petitioner. See Stocks v. Commissioner, 98 T.C. 1, 10 (1992) ("the most important factor in determining any exclusion under section 104(a)(2) isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011