- 16 - that he had been deprived of additional capital contributions that he had made to USI in the amount of $2,671,000. These injuries clearly constitute economic injuries. Petitioner’s restated complaint also alleged that USI caused him to lose the fair value of his earning capacity. This allegation parallels a portion of petitioner's complaint alleging breach of contract. It appears that any such injury was to petitioner's lost ability to take advantage of the contractual "earn-out" provisions, rights that arose out of and were dependent on petitioner's contract with USI. Even if the jury award compensated petitioner for this alleged harm, it would not constitute a personal injury within the ambit of section 104(a)(2). See Robinson v. Commissioner, 102 T.C. 116, 126 (1994) (compensatory damages for compromised economic rights that arise from a contract are not excludable under section 104(a)(2)), affd. in part, revd. in part on another issue 70 F.3d 34 (5th Cir. 1995); Baca v. Commissioner, T.C. Memo. 1990-632. Petitioner’s restated complaint also alleged, without elaboration, damage to his reputation and credit rating. The record, however, does not show that evidence was presented in the USI litigation regarding such injuries or that the damages were awarded by reason of such harms. The mere mention of a particular personal injury in a complaint, without more, does not serve to bring a recovery for damages within the ambit of section 104(a)(2). See Kightlinger v. Commissioner, T.C. Memo. 1998-357 (a contrary rule “would improperly expand the scope of sectionPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011