- 6 - The only issue for our consideration is whether the payments petitioners received for participating in the MSTP program are excludable from their income for 1993. Section 61 includes in gross income all income from whatever source derived. However, section 104(a)(2) provides that the amount of damages received (whether by suit or agreement) on account of personal injuries or sickness is not included in gross income. The damages referred to are based upon tort or tort type rights. See sec. 1.104-1(c), Income Tax Regs. Petitioners argue that IBM’s decision to surplus the CBD department, which prevented Edward and Kenneth from working on the NACO contract, injured their business reputations.4 Therefore, petitioners conclude that the settlement proceeds were excludable as damages for personal injuries.5 In order for petitioners’ section 104(a)(2) claim to prevail, they must show that IBM made the MSTP payments in order to settle petitioners’ claims for personal injuries. It is the payor’s intent in making the payments, rather than whether or not the taxpayer actually suffered a personal injury, that is determinative for purposes of section 104(a)(2). See Stocks v. Commissioner, 98 T.C. 1, 10 4 To the extent we do not address any of petitioners’ other arguments, we find them to be without merit. 5 Petitioners have failed to explain how Thomas, who was not even a part of the CBD department, was injured by IBM’s decision to surplus the department.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011