- 8 - included in his gross income only the $665,000 of proceeds which he received as an award of punitive damages. Petitioner excluded from his gross income the rest of the settlement proceeds on the grounds that he had received those amounts as compensation for personal injuries. Respondent determined that petitioner could exclude from his gross income only the following amounts: Defamation $1,000,000 Emotional distress 500,000 Invasion of privacy 10,000 Total 1,510,000 Respondent determined that petitioner’s gross income includes: (1) The $2,315,000 that he received for loss of past and future compensation and employment benefits and (2) the $10,000 that he received for conversion of personal property. Discussion We are faced once again with a determination as to the taxability of proceeds received through the prosecution or settlement of a lawsuit. Petitioner obviously wants to maximize his recovery by paying the least amount of taxes thereon. Section 104(a)(2) and the regulations thereunder allow him to exclude from his gross income the proceeds of a settlement when two conditions are met.2 First, the cause of action giving rise 2 Sec. 104(a)(2) generally provides that gross income does not include "the amount of any damages received (whether by suit or agreement * * *) on account of personal injuries or sickness".Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011