Norris O. and Betty J. Whitley - Page 5


                                        - 5 -                                         

          these damages are excludable from his gross income under section            
          104(a)(2).  Petitioner asserts that he received the punitive                
          damages on account of his claim of conversion, which, he states,            
          is a tort under applicable State (South Carolina) law, and that             
          he received the punitive damages on account of a personal injury.           
          Petitioner asserts that South Carolina law provides that punitive           
          damages are compensatory in nature in that they reimburse a                 
          plaintiff for personal injury.  Respondent agrees with                      
          petitioner's characterization of conversion as a tort under South           
          Carolina law but asserts that the punitive damages were not paid            
          to petitioner on account of a personal injury.  Respondent                  
          asserts that Academy paid the punitive damages to petitioner on             
          account of its reprehensible behavior.                                      
               We agree with respondent that the punitive damages are not             
          excludable from petitioner's gross income under section                     
          104(a)(2).  Section 104(a)(2) sets forth a narrowly construed               
          provision under which proceeds from a lawsuit are excluded from             
          gross income to the extent:  (1) The cause of action underlying             
          the recovery of the proceeds is based upon tort or tort type                
          rights, and (2) the proceeds are received on account of a                   
          personal injury or sickness.1  That section is inapplicable when            


          1 Sec. 7641(a) of the Omnibus Budget                                        
          Reconciliation Act of 1989, Pub. L. 101-239, 103 Stat.                      
          2106, 2379, amended sec. 104(a)(2) to provide that the                      
          personal injury exclusion contained therein does not                        
          apply where the punitive damages are received in                            
          connection with a case not involving physical injury                        
          or physical sickness.  This amendment does not apply                        
          herein.  Id. (amendment inapplicable to any lawsuit                         
          filed before July 10, 1989).                                                

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011