- 21 - apply to a recovery for punitive damages not attributable to "physical" injury. Specifically, section 104(a) provides that the exclusion from gross income for damages received on account of personal injuries "shall not apply to any punitive damages in connection with a case not involving physical injury or physical sickness." The Complaint did not even mention any physical injury, nor does petitioner claim any physical injury. Therefore, any portion of the settlement proceeds that may be allocated to recovery for punitive damages is outside the scope of section 104(a)(2). As a final note in this regard, we refer to the manner in which counsel for the Plaintiffs summarized the class action Complaint in two notices sent to the class members. Specifically, we refer to the following excerpt contained in both notices: Plaintiffs in this class action lawsuit seek to recover, on behalf of themselves and all other similarly situated workers, for the economic harm losses resulting from AHP's relocation to Puerto Rico, and the related events occurring thereafter. Having considered the allegations made in the Complaint and the Plaintiffs' counsels' interpretation of the class action, we cannot find that the Defendants intended to pay class members, such as petitioner, on account of personal injury. Although mention of emotional harm was made, we do not think that an action that revolved around RICO violations and interference withPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011