Tonia V. Cates - Page 7




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               The settlement agreement does not reference whether the                
          damage award was based on the Civil Rights Act of 1964 or 1991.             
          However, Rockford clearly intended to pay petitioner a settlement           
          in compensation of her emotional distress.  The settlement                  
          agreement clearly stated that the $35,000 was to compensate her             
          for “emotional injuries”.                                                   
               Section 104(a) provides that “emotional distress shall not             
          be treated as a physical injury or sickness.”  The Committee                
          Report provides “that the term emotional distress includes                  
          physical symptoms (e.g., insomnia, headaches, stomach disorders)            
          which may result from such emotional distress.”  H. Rept. 104-586           
          (1996), 1996-3 C.B. 331, 482 n.24.  Thus, petitioner’s headaches,           
          insomnia, and stomach problems were intended by Congress to be              
          treated as emotional distress, and therefore the compensation for           
          those symptoms is not excluded from gross income under section              
          104(a)(2).                                                                  
               Moreover, assuming that hypertension is a physical injury (a           
          point that we specifically do not decide) we cannot find that               
          Rockford intended to compensate petitioner for her hypertension.            
          Petitioner’s medical records submitted to this Court establish              
          that petitioner was first diagnosed with borderline hypertension            
          in May of 1993.  Petitioner was later hospitalized in June of               
          1993 for hypertension, weakness, and hyponatremia.  Petitioner              
          alleged that she suffered racial discrimination in 1995, perhaps            






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