- 7 - automobiles) where, in the latter instance, the insurance benefits do not constitute gross income. That argument is inappropriate to the facts of this case. The general rule is that the taxability of recovery payments depends upon the nature of the claim. If the recovery represents damages for lost profits, the payment is considered income; however, if the recovery represents a replacement of capital destroyed or damaged, the recovery does not constitute taxable income to the extent the recovery does not exceed the basis of the damaged or destroyed property. In the latter event, the recovery is a restoration or return of capital. State Fish Corp. v. Commissioner, 48 T.C. 465, 473 (1967). In this case, petitioners had no basis in their credit card liabilities. Therefore, the payments by the insurance companies were not a recovery or restoration of capital. These payments were income. Reviewed and adopted as the report of the Small Tax Case Division. Decisions will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011