- 11 - that the scope of excludable damages is limited to those received through prosecution of an action based upon tort or tortlike rights: The term "damages received (whether by suit or agreement)" means an amount received (other than workmen's compensation) through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution. [Sec. 1.104- 1(c), Income Tax Regs.] After reviewing section 104(a)(2) and the above regulation, the U.S. Supreme Court stated that a taxpayer must meet the following two independent requirements before a recovery may be excluded under section 104(a)(2): 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." * * * [Commissioner v. Schleier, 515 U.S. 323, 337 (1995).] Petitioners acknowledge that the damages of $300,000 awarded by the jury were based entirely on petitioner's claim for breach of a covenant of good faith and fair dealing and that the amount paid by Thrifty included interest of $14,173.91. Petitioners' brief states: On May 23, 1994, the jury returned a verdict for Petitioner on the Second Cause of Action, Breach of the Covenant of Good Faith and Fair Dealing inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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