- 32 - therefore on respondent to prove that petitioners were negligent or disregarded rules or regulations. Rule 142(a). Punitive Damages The issue of whether punitive damages received in a tort or tortlike suit are excludable from income was resolved by the Supreme Court in O'Gilvie v. United States, 519 U.S. 79, 117 S. Ct. 452 (1996). Before the Supreme Court's decision, the Courts of Appeals for the Fourth, Ninth, and Tenth Circuits had held that punitive damages are not excluded from income under section 104(a)(2), and the Court of Appeals for the Sixth Circuit had held they are excluded.18 Id. at ___, 117 S. Ct. at 454. The Supreme Court granted certiorari to resolve the conflict among the circuits. The Supreme Court held that punitive damages received in a tort suit for personal injuries were not received "on account of" personal injuries and, therefore, were not excluded from taxable gross income as defined during the years at issue.19 Id. 18 See O'Gilvie v. United States, 66 F.3d 1550 (10th Cir. 1995), affd. 519 U.S. 79, 117 S. Ct. 452 (1996); Hawkins v. United States, 30 F.3d 1077 (9th Cir. 1994); Horton v. Commissioner, 33 F.3d 625 (6th Cir. 1994), affg. 100 T.C. 93 (1993); Commissioner v. Miller, 914 F.2d 586 (4th Cir. 1990), revg. and remanding 93 T.C. 330 (1989). 19 The Omnibus Budget Reconciliation Act of 1989 (OBRA), Pub. L. 101-239, sec. 7641(a), 103 Stat. 2379, amended sec. 104(a) by adding the sentence "Paragraph (2) shall not apply to any punitive damages in connection with a case not involving physical injury or physical sickness." OBRA sec. 7641(b)(2), 103 Stat. 2379, provided the amendment shall not apply to any amount (continued...)Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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