- 13 - ourselves whether Harris paid any portion of the $2,315,000 on account of personal injuries or sickness. We answer those questions “No”. Harris paid petitioner none of that amount “by reason of, or because of, * * * [a tortlike claim for] personal injuries”. O’Gilvie v. United States, 519 U.S. at 83. Petitioner’s recovery of that amount arose out of his employment agreement with CGC, and the $2,315,000 that petitioner received as compensation was slightly less than the approximate amount of salary, incentive compensation, and supplemental compensation that petitioner claimed he was entitled to by virtue of CGC’s breach of his employment agreement with it. Moreover, petitioner listed in the questionnaire no claim for damages from a personal injury, classifying the total amount that he was pursuing through the lawsuit as that from a nonpersonal injury, and the jury awarded the $2,315,000 to petitioner as damages for loss of past and future compensation and employment benefits. Under the facts at hand, we conclude that petitioner received the portion of the $2,315,000 attributable to the torts as “‘legal injuries of an economic character’”, and, accordingly, that the recovery of that portion was not for personal tortlike injuries. United States v. Burke, supra at 239 (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 418 (1975)); see also Commissioner v. Schleier, 515 U.S. at 331 (economic injuries are not personal injuries for purposes of section 104(a)(2)); Fabry v. Commissioner, 111 T.C. 305 (1998); Robinson v. Commissioner, supra at 126 (sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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