- 18 - in Massachusetts seeking personal injury damages for damaged reputation and emotional distress caused by Millipore’s conduct in terminating petitioner’s employment. Moreover, we believe Millipore recognized that petitioner’s termination gave rise to potential causes of action under French law for termination without cause (a tort, in nature) as well as a potential recovery under the collective bargaining agreement covering managers and engineers. Personal Injuries or Sickness To prevail, petitioners must also prove that the proceeds received from Millipore were on account of personal injuries or sickness. Personal injury includes both tangible and intangible harms. See Commissioner v. Schleier, 515 U.S. at 330 n.4. These harms include pain and suffering, emotional distress, and harm to reputation or other consequential damages, such as embarrassment, humiliation, and mental anguish. See United States v. Burke, 504 U.S. at 239; Knevelbaard v. Commissioner, T.C. Memo. 1997-330. On the basis of the documentary evidence and credible testimony in this case, we conclude that petitioner suffered serious and prolonged emotional and physical injury arising from Millipore’s termination. The abrupt manner in which Millipore terminated petitioner dramatically affected him, resulting in the decline of his physical and emotional well-being. He suffered emotional distress (embarrassment, humiliation, and mental anguish) manifested by both mental and physical symptoms, as well as harm to hisPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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