- 10 - PayLess’ refusal to compensate them for overtime work. We are unpersuaded by the language in the settlement agreement indicating that the lawsuit giving rise to the settlement was “not fully plead [sic]”. Petitioners presented no evidence that petitioner suffered personal injury or sickness as a result of his employment with PayLess. Petitioner Shauna Lee Nelson testified: “I think PayLess realized that they could have been held liable for * * * many things, including discrimination and, you know, alienation of affections”. Petitioners also point to the broad language in the settlement agreement releasing PayLess from all claims that could have been pled in the lawsuit. There must be a direct link, however, between the personal injury or sickness and the recovery of damages for the section 104(a)(2) exclusion to apply. See Commissioner v. Schleier, 515 U.S. 323, 330 (1995). The language contained in the settlement agreement is insufficient to establish a link between the settlement agreement and any personal injuries. We thus find that petitioner’s settlement proceeds of back wages and liquidated damages were not received on account of personal injury and therefore do not qualify for exclusion under section 104(a)(2). Petitioners must also include in their gross income the portion of petitioner’s settlement proceeds retained by the attorneys representing the plaintiffs in the underlying action.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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