- 11 - WC did not identify a portion of the payment as a settlement of a claim on account of a personal injury. The payment herein appears to be in the nature of taxable severance pay rather than a payment for personal injury. We believe it is no coincidence that the settlement payment to petitioner approximates the amount of severance pay Mr. Creighton and petitioner had discussed as an essential term in the long-promised employment contract. (The settlement amount was slightly over four times petitioner's then- current base salary.) Severance pay is taxable income. Brennan v. Commissioner, T.C. Memo. 1997-317. Undoubtedly, petitioner was affected by WC's actions; however, he has made no showing of any specific tort or personal injury. Although wrongful employment termination possibly may result in personal injury, the amount of lost wages received in such cases is generally not linked to that personal injury, and, thus, such an award will not qualify for the exclusion from gross income provided in section 104(a)(2). Commissioner v. Schleier, supra at 330. In this case, there is no link to personal injury. Petitioner contends that Banks v. United States, 81 F.3d 874 (9th Cir. 1996), is controlling. We disagree. In Banks, the taxpayer was employed as a steel worker. He was punched by a fellow employee who was a former boxer, rendering Mr. Banks unconscious and requiring 32 stitches to repair a wound to his forehead. The company attempted to discharge Mr. Banks and his fellow employee forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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