- 4 - income tax return. OPINION Issue 1. Whether the Punitive Damages Are Includable in Petitioners' Gross Income Respondent determined that the punitive damages received by petitioners are taxable. Petitioners contend that the punitive damages portion of their award is excludable from gross income pursuant to section 104(a)(2), because their lawsuit was based upon tort or tort type rights and the jury "awarded damages it believed would compensate their civil injuries." Not Compensatory Section 104(a)(2) provides that gross income does not include "the amount of any damages received * * * on account of personal injuries or sickness". An award of punitive damages is not paid on account of a personal injury to the extent that the damages are noncompensatory. See O'Gilvie v. United States, 519 U.S. 79 (1996). Whether damages are noncompensatory rests upon applicable State law. See Bagley v. Commissioner, 105 T.C. 396, 417 (1995), affd. 121 F.3d 393 (8th Cir. 1997). The present case involves South Dakota law. See Brandriet v. Norwest Bank S.D., N.A., supra at 616, 618. In Hulstein v. Meilman Food Indus., Inc., 293 N.W.2d 889, 891, 892 (S.D. 1980), the South Dakota Supreme Court stated that, while the "sole object of compensatory damages is to make the injured party whole", the "purpose of awarding punitive damages is to punishPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011