- 8 - For purposes of applying the above statutory and regulatory text, the U.S. Supreme Court in Commissioner v. Schleier, 515 U.S. 323, 336-337 (1995), established a two-pronged test for ascertaining a taxpayer’s eligibility for the section 104(a)(2) exclusion. As stated by the Supreme Court: “First, the taxpayer must demonstrate that the underlying cause of action giving rise to the recovery is ‘based upon tort or tort type rights’; and second, the taxpayer must show that the damages were received ‘on account of personal injuries or sickness.’” Id. at 337. II. Contentions of the Parties Petitioner contends that the payment she received from PSC satisfies both prerequisites for excludability under section 104(a)(2). According to petitioner, at the time of her termination she possessed a claim against PSC under Oklahoma law for the tort of intentional infliction of emotional distress, thereby meeting the requirement of an underlying claim based on tort or tort type rights. Petitioner then maintains that because PSC was aware of her complaints when the severance plan was offered and executed, PSC intended by that vehicle to settle her personal injury claims. Hence, in petitioner’s view, the subject funds were received on account of her personal injuries. Petitioner further argues that, since her only complaint againstPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011