- 6 - "personal" injury from a defendant's conduct is insufficient to satisfy the "physical injury or physical sickness" requirement. Kightlinger v. Commissioner, T.C. Memo. 1998-357. The jury found Norwest liable for fraudulent misrepresentation, negligent misrepresentation, and negligent processing of a loan application. Petitioners did not obtain redress for any physical injury or physical sickness. Having considered the allegations in the complaint and the jury's verdict, we find that petitioners did not receive the punitive damages in connection with a case involving physical injury or physical sickness. We hold that petitioners' punitive damages are includable in their gross income. Issue 2. Whether Petitioners Are Entitled to a Greater Interest Expense Deduction3 Petitioners claimed a $3,000 deduction for interest paid on a consumer loan. Respondent determined that petitioners are entitled to deduct $238 of the claimed interest expense as a business expense and disallowed the balance. Respondent's determinations of fact are presumptively correct, and petitioners bear the burden of proving otherwise. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Taxpayers do not have an inherent right to take tax deductions. Deductions are a matter of legislative grace, and a taxpayer 3Petitioners raised this issue at trial. We consider it tried by consent. See Rule 41(b).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011