Sigitas J. Banaitis - Page 11




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          information.  The damages were intended to replace salary and               
          benefits wrongfully taken from him “on account of” his                      
          constructive discharge--not because of any personal injury.                 
          Moreover, petitioner’s injuries did not prevent him from working            
          at all--at BCal or elsewhere.  We note that, after leaving BCal,            
          petitioner actively searched for employment and was self-                   
          employed.                                                                   
               Accordingly, petitioner’s economic damages are not “on                 
          account of personal injury or sickness” and as such, do not meet            
          the Schleier test.  Petitioner’s economic damages are not                   
          excludable from his gross income.                                           
               B. Punitive Damages                                                    
               Petitioner also received $5 million in punitive damages.  As           
          with his economic damages, petitioner claims that section                   
          104(a)(2) applies to exclude this amount from his gross income.             
               Petitioner would have us accept his interpretation of the              
          following legislation added to section 104(a)(2) in 1989:                   
          “Paragraph 2 [excluding from gross income any damages received on           
          account of personal injuries or sickness] shall not apply to any            
          punitive damages in connection with a case not involving physical           
          injuries.”  Petitioner contends that the use of a double negative           
          in this phrase creates a positive.  In other words, petitioner              
          believes that Congress intended for all punitive damages to be              
          excludable from gross income in any case involving physical                 






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