- 20 - Recovery for the Defendants' interference with the class members' economic advantage as employees is similarly not on account of personal injury. See Commissioner v. Schleier, supra, United States v. Burke, supra, Robinson v. Commissioner, 102 T.C. at 126. Petitioner asserts that individual class members did not have a direct contractual relationship with the Defendants. Even if such assertion is true, class members based their claim for interference with prospective economic advantage on an employer/employee relationship. Their complaint sought remedy for the Defendants' alleged wrongful interference with their rights "to enjoy the fruits and advantages of their industries and efforts as employees". This is further evidenced by the November 1991 notice to the class members, which stated: The remedy that we would be asking for [is] compensation for losses in wages and benefits for some appropriate period of time but not less than the duration of the current contract * * * [Emphasis added.] Clearly, recovery for economic injury based on such a contractual type claim is excluded from the scope of section 104(a)(2). See Robinson v. Commissioner, supra, and cases cited therein. The Plaintiffs also sought punitive damages for the harm suffered as a result of the Defendants' alleged wrongful conduct. Contrary to petitioner's suggestion, the exclusion provided by section 104(a)(2), as in effect for the year in issue, does notPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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