- 9 - damages received if the underlying cause of action giving rise to the recovery is based upon tort or tort type rights and the damages are received on account of personal injuries or sickness. See Commissioner v. Schleier, supra at 336-337. Respondent concedes that Mr. Anderson’s claims sounded in tort, thus satisfying the first prong of the Schleier test. Therefore, we focus on the second prong of the test, which requires petitioners to show that the damages received were on account of personal injuries or sickness. When damages are received pursuant to a suit or settlement agreement, the nature of the underlying claim determines whether such damages are excludable under section 104(a)(2). See United States v. Burke, 504 U.S. 229, 239 (1992); see also Metzger v. Commissioner, 88 T.C. 834, 847 (1987). For the taxable years under consideration, personal injuries included both physical and nonphysical injuries. See Commissioner v. Schleier, supra at 329 n.4. Petitioners argue that the damages they received for tortious interference with business relationships were on account of an injury to Mr. Anderson’s business reputation, a personal injury, and, therefore, are excludable under section 104(a)(2). The law is well settled that the tax consequences of an award for damages depend upon the nature of the litigation andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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