- 4 - Commissioner’s determination of a deficiency is ordinarily presumed correct, and the taxpayer has the burden of proving it is erroneous or arbitrary), affg. T.C. Memo. 1993-17. As we discussed in our original opinion and as further discussed below, petitioners have failed to show that the subject jury awards were received on account of personal injuries such as distress, humiliation, mental anguish, or any other type of personal injury. Indeed, the record does not establish that petitioner suffered personal injuries. To the contrary, as discussed in our original opinion and below, the evidence strongly indicates that the injuries redressed by the jury awards in question were economic injuries.2 Petitioner’s Compensatory Damages for Fraudulent Inducement On supplemental brief, petitioners argue, in conclusory fashion and without any references to the pages of the transcript, the exhibits, or other sources relied upon to support 2 As we discussed in our original opinion, in construing sec. 104(a)(2), the Supreme Court and other courts have distinguished personal injuries and economic injuries. In Fabry v. Commissioner, 223 F.3d 1261, 1270 (11th Cir. 2000), revg. 111 T.C. 305 (1998), the Court of Appeals appeared to recognize this distinction, stating that in a nonphysical personal injury case, the taxpayer must establish a direct causal link between the damages received and “an intangible element of the injury (i.e., emotional distress, pain and suffering, loss of reputation, etc.).” Similarly, the Court of Appeals distinguished between compensation paid to replace the lost value of the Fabrys’ business and amounts paid to compensate them for “distress, humiliation and mental anguish suffered by the Fabrys through the loss of their good name”. Id.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