- 24 - C. The Underlying Claims 1. Katherine’s and Damian’s Claims for Personal Injuries On the basis of all the evidence, we believe that Bill Maritz’s actions caused Katherine and Damian to suffer personal injuries. In particular, Katherine’s termination from Maritz Inc. caused her acute emotional distress and resulted in dramatic changes in her personality. The termination of Damian’s professional relationship with Maritz Inc. also caused him emotional distress and damaged his professional reputation. Such claims were asserted on Katherine’s and Damian’s behalf in the settlement negotiations with Maritz Inc. We believe that Maritz Inc. took these claims seriously and intended the settlement payments at least in part to discharge such claims. Accordingly, we find that the settlement payments were received at least in part through settlement of tort-based claims on account of personal injuries or sickness. To that extent, the settlement payments are excludable from income pursuant to section 104(a)(2) as amounts received based upon tort rights and on account of personal injuries. See, e.g., United States v. Burke, 504 U.S. at 235-236 & n.6, 239 (recognizing that section 104(a)(2) covers damages for injuries affecting “emotions, reputation, or character” and “traditional harms associated with personal injury” include “pain and suffering, emotional distress, [and] harm to reputation”); Threlkeld v. Commissioner, 87 T.C. at 1308Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011