T.C. Memo. 1999-124 UNITED STATES TAX COURT NORRIS O. AND BETTY J. WHITLEY, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 12947-97. Filed April 15, 1999. P commenced a lawsuit in 1987, alleging that the defendant was liable to him for breach of contract and conversion. As to the conversion claim, the jury awarded P actual and punitive damages. P received the punitive damages in 1992. P argues primarily that sec. 104(a)(2), I.R.C., excludes the punitive damages from his gross income because, he states, punitive damages are awarded under applicable State (South Carolina) law as compensation for a personal injury. P directs the Court to numerous cases where the South Carolina Supreme Court has stated that South Carolina law allows an award of punitive damages to "vindicate a private right" and that this right is compensatory in nature. Held: The punitive damages are not excludable from P's gross income under sec. 104(a)(2), I.R.C., because punitive damages are noncompensatory under applicable law. Although the ultimate effect of a punitive damage award made under South Carolina law is compensatory in nature, such an award does not have a compensatory purpose in the sense of reimbursing the plaintiff for actual damages.Page: 1 2 3 4 5 6 7 8 9 10 11 12 Next
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