- 24 - 1605(d)(2), 110 Stat. 1839. Accordingly, the amended version of section 104(a)(2) does not apply to this case. Before Congress amended section 104(a)(2) in 1996 to limit the exclusion to amounts received for physical personal injuries, the U.S. Supreme Court interpreted section 104(a)(2) to encompass harms both tangible and intangible, both physical and nonphysical. Commissioner v. Schleier, supra at 329 n.4; see also United States v. Burke, supra at 235-236; Roemer v. Commissioner, 716 F.2d 693, 697 (9th Cir. 1983), revg. 79 T.C. 398 (1982); Bland v. Commissioner, T.C. Memo. 2000-98. Intangible harms recognized as within the scope of the statute include those affecting emotions, reputation, or character. United States v. Burke, supra at 235 n.6. Further, the intangible harms of discrimination, e.g., emotional distress, can constitute personal injuries, and compensation for such harms may be excludable under section 104(a)(2). Commissioner v. Schleier, supra at 332 n.6. The parties stipulated that Mr. Forste “became extremely distressed at being pressured to fly; he was terrified by the thought of flying” and “started having nightmares again and developed headaches which required that he take Tylenol with codeine.” Mr. Forste contemplated suicide as a result of DHS’s actions. Mr. Forste’s claims of emotional distress qualify as claims for personal injuries for purposes of this case.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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