- 9 - brought under Fla. Stat. Ann. sec. 440.205, which is a workmen’s compensation statute. Under section 1.104-1(c), Income Tax Regs., the term “damages received” includes an amount received (other than workmen’s compensation). We conclude that petitioner’s settlement was not for other than workmen’s compensation; therefore, the settlement is not excludable from gross income under section 104(a)(2). In addition, petitioner did not clearly claim and has not proven and the record does not contain sufficient evidence for us to conclude that his injury was the proximate cause of the lawsuit and the settlement. See Commissioner v. Schleier, supra at 330. Language in the settlement agreements contemplates that petitioner would hold Chevron harmless from medical expenses and claims for physical injuries. We are not convinced that this language indicates that the settlement was paid to compensate petitioner for an injury and that the language contained in the hold harmless agreement or release is anything but standard protective drafting by Chevron. Moreover, Fla. Stat. Ann. sec. 440.205 does not specifically address a physical injury, and it does not provide for damages to be paid on account of a physical injury, which is the aim of section 104(a)(2). Thus, the lawsuit petitioner brought was notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011