- 34 - 116, 125-126 (1994), in which we stated: Under section 104(a)(2), gross income does not include the amount of any damages received (whether by suit or agreement) on account of personal injuries or sickness. From that section, and the regulations thereunder, we understand that damages received through a settlement of a lawsuit are excludable from gross income only if the damages were received on account of a "tortlike personal injury". For this purpose, no distinction is drawn between tortlike personal injuries that are physical versus tortlike personal injuries that are nonphysical (i.e., psychological). Thus, for example, damages are excludable from gross income under section 104(a)(2) if the damages were received pursuant to a settlement of a tortlike personal injury that resulted in: * * * punitive damages, Horton v. Commissioner, 100 T.C. 93, 96 (1993); see also Miller v. Commissioner, 93 T.C. 330, 337-342 (1989), revd. 914 F.2d 586 (4th Cir. 1990). [Some citations omitted; emphasis added.] As the lawsuit in the Robinson case included an award for mental anguish, as well as punitive damages, we allocated a percentage of the settlement amount to punitive damages and held that the taxpayers could exclude that percentage from their gross income under section 104(a)(2). Id. at 136. The Court of Appeals for the Fifth Circuit, citing Estate of Moore v. Commissioner, 53 F.3d 712 (5th Cir. 1995), revg. and remanding T.C. Memo. 1994-4, reversed that part of our decision. Robinson v. Commissioner, 70 F.3d at 37 & n.4. It is clear from these decisions that, until Estate of Moore v. Commissioner, supra, was reversed, this Court was of the opinion that taxpayers residing in Texas could exclude punitive damages from income under section 104(a)(2). We therefore find that there was substantial authority for petitioners' reportingPage: 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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