- 8 - although it is a necessary condition of exclusion under section 104(a)(2) that the damages (or settlement amount) in question be received on account of the prosecution (or settlement) of a suit or action based on tort or tort type rights, that is not a sufficient condition for exclusion under section 104(a)(2). The damages or settlement must be received both on account of a violation of tort or tort type rights and for personal injuries or sickness. Id. at 330. The parties here disagree as to whether the $500,000 payment was received on account of personal injuries. C. Arguments of the Parties The arguments of the parties are straightforward. Respondent, while conceding that the $500,000 payment was received in settlement of a claim for tortious injury to business reputation, argues that it was not received on account of a personal injury. Petitioners argue that injury to business reputation is, as a matter of law, a personal injury. D. Discussion 1. Nature of the Inquiry We do not agree with petitioners that injury to business reputation is, as a matter of law, a personal injury. In Threlkeld v. Commissioner, supra, we decided not to follow our decision in Roemer v. Commissioner, 79 T.C. 398 (1982), revd. 716 F.2d 693 (9th Cir. 1983), in which we distinguished betweenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011