111 T.C. No. 17 UNITED STATES TAX COURT CARL J. FABRY AND PATRICIA P. FABRY, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 9126-96. Filed December 16, 1998. Ps sued the manufacturer of an agricultural chemical, claiming tortious injury to their nursery business. The suit was settled and Ps received a payment, of which $500,000 was allocable to their claim of injury to their business reputation. Ps argue that damages received on account of injury to business reputation are, as a matter of law, received on account of personal injuries within the meaning of sec. 104(a)(2), I.R.C. Held: Whether damages received on account of injury to business reputation are on account of personal injuries within the meaning of sec. 104(a)(2), I.R.C., is a question of fact. Held, further, Ps have failed to prove that the $500,000 payment in question was received on account of personal injuries within the meaning of sec. 104(a)(2), I.R.C. Robert S. MacDonald and Brian J. Moran, for petitioners.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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