- 2 - petitioner) pursuant to judgments against U.S. Industries, Inc. (USI), on claims for both fraudulent inducement to enter into a contract and tortious interference with a business relationship, plus prejudgment interest, are not excludable from gross income as damages received “on account of personal injuries or sickness” within the meaning of section 104(a)(2).1 In reaching this conclusion, we cited Fabry v. Commissioner, 111 T.C. 305 (1998), for the proposition that we must look to all the facts and circumstances to determine the nature of petitioner’s claims against USI and whether his recoveries on those claims were on account of personal injuries or sickness. While the instant case was pending on appeal there, the U.S. Court of Appeals for the Eleventh Circuit reversed this Court’s decision in Fabry, stating that the “facts and circumstances approach” used therein was “insufficient.” Fabry v. Commissioner, 223 F.3d 1261, 1269 (11th Cir. 2000). Thereafter, the Court of Appeals vacated our decision in the instant case and remanded it for further consideration in light of its decision in Fabry, stating: “We imply no view as to the result that should be reached on remand.” 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011