- 9 - T.C. Memo. 1990-310. Respondent’s determination with respect to this issue is sustained. 2. Lawsuit Settlement In 1994, petitioner filed a complaint in the United States District Court for the Eastern District of Pennsylvania against the Wilmington Trust Company and other parties for breach of contract, breach of the implied covenant of good faith and fair dealing, defamation due to reporting a charge-off to a credit reporting service, fraud, and the intentional infliction of emotional distress. Pursuant to a settlement of the lawsuit petitioner received $1,500 in 1998. The parties’ basis for settlement is not set forth in the settlement document. Respondent determined in the notice of deficiency that the payment received in settlement of the lawsuit was includable in petitioner’s income. Gross income does not include the amount of any damages (other than punitive damages) received, whether by suit or agreement, and whether as lump sums or periodic payments, on account of personal physical injuries or physical sickness. Sec. 104(a)(2).4 For purposes of paragraph (2), emotional distress 4 Prior to the amendment of sec. 104(a)(2) by the Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1605(a), 110 Stat. 1838-1839, effective for amounts received after Aug. 20, 1996, gross income did not include damages received on account of personal injuries or sickness. Personal injuries included nonphysical injuries. Commissioner v. Schleier, 515 U.S. 323, 329 n.4 (1995) (citing United States v. Burke, 504 U.S. 229, 235 n.6 (1992)).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011