F. Browne Gregg, Sr., and Juanita O. Gregg - Page 14




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               As previously discussed, damages received in a tort action             
          may be excluded from income only when received on account of                
          personal injuries or sickness.  As noted in our original opinion,           
          tortious interference with a business relationship is part of a             
          larger body of tort law aimed at protecting relationships, some             
          economic (for example, interference with prospective economic               
          advantage) and some personal (for example, interference with                
          family relations, or libel and slander).  Keeton et al., Prosser            
          & Keeton on the Law of Torts, sec. 129, at 978 and nn.5 and 6               
          (5th ed. 1984).  Petitioners have failed to demonstrate that the            
          jury award for tortious interference with a business relationship           
          was on account of anything other than injury to petitioner’s                
          economic relationship with his bank.                                        
               Petitioners’ reliance on Noel v. Commissioner, T.C. Memo.              
          1997-113 (holding that part of a settlement payment attributable            
          to a tortious interference claim was on account of personal                 
          injuries), is misplaced.  In Noel, the evidence before the Court            
          indicated that the tortfeasor’s actions caused the taxpayer to              
          suffer emotional distress and damage to his business reputation,            
          that the taxpayer discussed these damages with the tortfeasor               
          during the settlement negotiations, and that the payment by the             
          tortfeasor was intended partly to cover this tort claim.                    
               The only evidence petitioners cite to support their argument           
          that the tortious interference award was on account of personal             






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