- 3 - In Fabry, the question was whether a $500,000 payment the taxpayers received for damage to their business reputation in settlement of a tort action was excludable from gross income as damages received “on account of personal injuries or sickness” within the meaning of section 104(a)(2). The Court of Appeals stated that the IRS had stipulated that the $500,000 payment was properly allocable as damage to the Fabrys’ business reputation. Id. at 1268. The Court of Appeals found on the basis of the “unique facts” presented that the Fabrys’ business was so much a part of their persona that “Their business reputation was their personal reputation.” Id. at 1270. The Court of Appeals found that the Fabrys had suffered “distress, humiliation and mental anguish * * * through the loss of their good name”. Id. Accordingly, the Court of Appeals concluded that the $500,000 the Fabrys received on account of injuries to their business reputation was received on account of personal injuries and thus was excludable from gross income under section 104(a)(2). In the instant case, by contrast, the parties have not stipulated that any part of the jury awards that petitioner received is properly allocable to damage to his reputation or to any other particular type of injury, personal or otherwise. Petitioners bear the burden of proof. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933); Feldman v. Commissioner, 20 F.3d 1128, 1132 (11th Cir. 1994) (thePage: 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