- 13 - obligation owed to petitioner and of interest, and does not involve damages received through prosecution of tort or tort-type rights, the entire award is excluded from gross income under section 104(a)(2). Petitioners ask us to reach the same conclusion, i.e., that the entire jury award is excluded from gross income under section 104(a)(2), on the basis of a reading of Threlkeld v. Commissioner, 87 T.C. 1294 (1986), affd. 848 F.2d 81 (6th Cir. 1988). Petitioners' posttrial brief makes the following argument: [In Threlkeld v. Commissioner, supra,] The court noted at page 1307 that even though the settlement agreement allocated the sum of $75,000 for damages to petitioners [sic] professional reputation, (the taxability of $21,500 [of] which was the issue in the case), the settle- ment agreement does not necessarily control in deciding whether the claim being settled arises from a personal injury. The court said: "We therefore, look to the petitioners [sic] allegations in his complaint in the State court." The relevance of this last statement to Petitioner is most important to note. Namely, the jury may have given an award on the second cause of action for breach of the covenant of good faith and fair dealing, but the meaning of the language from Threlkeld is that to answer the question of whether the award represents compensation for personal injuries, the court said the allegations in the complaint must be examined.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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