- 10 - shall not be treated as a physical injury or physical sickness, except to the extent of any damages not in excess of the amount paid for medical care attributable to the emotional distress. Sec. 104(a). Damages received that are excludable from gross income include an amount received through a settlement agreement entered into in lieu of prosecution of a legal suit or action based upon tort or tort type rights. Sec. 1.104-1(c), Income Tax Regs. While the defamation and emotional distress causes of action alleged in the lawsuit complaint are injuries personal to petitioner, see, e.g., Threlkeld v. Commissioner, 87 T.C. 1294, 1299 (1986), affd. 848 F.2d 81 (6th Cir. 1988); Freeman v. Commissioner, T.C. Memo. 2001-254 (breaching implied covenant of good faith is not a personal injury), we are unable to find that any portion of the settlement was paid to petitioner as compensation for physical injury or physical sickness. The settlement document pursuant to which the lawsuit was settled does not provide the basis for the parties’ settlement. Petitioner has not argued that she received the $1,500 settlement on account of a physical injury or physical sickness. Sec. 104(a)(2). We conclude that section 104(a)(2) is not applicable to exclude the $1,500 payment received from gross income because petitioner did not receive the settlement on account of a physical injury or physical sickness. Respondent is sustained with respect to this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011