Sudhir P. Srivastava and Elizabeth S. Pascual - Page 34

                                       - 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' reporting             




Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011