- 14 - Commissioner, supra at 613. The evidence does not demonstrate that Liberty Life specifically intended to compensate petitioner on account of personal injury or sickness. For instance, the record is silent as to whether the negotiations leading to the settlement agreement involved any discussion regarding personal injuries that petitioner may have suffered. Indeed, there is nothing in the record to suggest that Liberty Life was aware of any personal injury that petitioner may have suffered. In this regard, and as previously stated, the amended complaint makes no mention of personal injuries or sickness, other than the tangential reference to “mental anguish” in the first cause of action. The settlement agreement is embodied in the form of a standardized release, of which “a primary motivation and consideration on the part of [Liberty Life] * * * in payment of the settlement amount is to eliminate the punitive damage claims”. A standardized release may be indicative that the payment was not made “on account of” personal injuries. See Laguaite v. Commissioner, supra; Gajda v. Commissioner, T.C. Memo. 1997-345, affd. 158 F.3d 802 (5th Cir. 1998). Moreover, as previously stated, punitive damages ordinarily are not received “on account of” personal injuries or sickness and are therefore includable in gross income. See O’Gilvie v. Commissioner, supra. When a settlement resolves a number of claims and does notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011