- 27 - vacated and remanded without published opinion 84 F.3d 433 (5th Cir. 1996), as authority for deducting the costs of litigating a personal injury suit as a business expense. We disagree. In McKay, the taxpayer was an employee who brought suit for wrongful termination, breach of employment contract, RICO, and punitive damages. The taxpayer was awarded damages for lost compensation, "future" damages, and punitive damages for wrongful, malicious, and oppressive acts by his employer. After trial, the parties settled, and the settlement agreement provided that sums were paid in extinguishment of the taxpayer's tort claim for wrongful discharge and extinguishment of his breach of contract claim. In the settlement agreement, the parties agreed that the amount attributable to the wrongful discharge claim represented compensatory damages excludable under section 104(a)(2), and the amount allocable to the breach of contract claim was includable in income under section 61.15 Finding that the allocations were the result of an arm's-length negotiation between hostile adversaries, this Court accepted the express allocations in the settlement agreement. Id. at 487. 15 The Court of Appeals for the Fifth Circuit vacated our decision in this case. Citing Commissioner v. Schleier, 515 U.S. 323 (1995), the Court of Appeals held that the damages attributable to the taxpayer's wrongful discharge claim were not excludable under sec. 104(a)(2), because they were not received on account of a personal injury. McKay v. Commissioner, 84 F.3d 433 (5th Cir. 1996), vacating and remanding without published opinion 102 T.C. 465 (1994).Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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