F. Browne Gregg, Sr., and Juanita O. Gregg - Page 16




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          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 section               


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