- 11 - the Court to determine a specific tort or tort type claim or claims that may have served as a basis for settlement, if any. A failure to show the specific amount of the payment allocable to the claims of tort or tort type damages for personal injuries results in the entire amount being presumed not to be excludable. See Taggi v. United States, 35 F.3d 93, 96 (2d Cir. 1994); Getty v. Commissioner, 91 T.C. 160, 175-176 (1988), affd. on this issue and revd. on other issues 913 F.2d 1486 (9th Cir. 1990). The $24,060.44 settlement payment petitioner husband received from IBM in 1994 does not satisfy the requirements for exclusion of the payment under section 104(a)(2). Consequently, on this record, the Court holds that such payment is includable in petitioners' gross income for that year. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011