Richard D. Anderson and Mary L. Anderson - Page 9




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          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 and              






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