- 2 - After stipulations and concessions,1 the remaining issues for consideration are: (1) Whether a jury award paid to petitioner husband pursuant to a judgment against U.S. Industries, Inc. (USI), on a claim for fraudulent inducement to enter into a contract is excludable under section 104(a)(2) as damages received on account of personal injury. We hold that it is not. (2) Whether a jury award paid to petitioner husband pursuant to a judgment against USI on a claim for interference with a business relationship is excludable under section 104(a)(2) as damages received on account of personal injury. We hold that it is not. (3) Whether prejudgment interest paid to petitioner husband pursuant to a judgment against USI is excludable under section 104(a)(2). We hold that it is not. Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. 1 The parties stipulate that $2,500,000 in punitive damages awards received by petitioner husband is properly includable in petitioners' gross income. The parties further stipulate that should this Court find that the $8,128,515 in compensatory damages received by petitioner husband for his fraud claim are properly includable in petitioners' income, then such damages are properly characterized as capital gain rather than ordinary income. On brief, petitioners concede that the $103,341 awarded for petitioner husband’s breach of contract claims is includable in gross income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011