Jack and Janet Freeman - Page 13




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             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.                                                           








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