Geraldine M. and Arthur F. Reid - Page 10




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          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 not            










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