- 25 - (holding that compensatory damages received for malicious prosecution, including compensation for injuries to professional reputation, were excludable under section 104(a)(2)); Gross v. Commissioner, T.C. Memo. 2000-342 (holding that lump-sum settlement payment covering claim for defamation was excludable under section 104(a)(2)); Burditt v. Commissioner, supra (holding that settlement proceeds paid to settle a claim for mental anguish were excludable under section 104(a)(2)); Noel v. Commissioner, T.C. Memo. 1997-113 (holding that settlement proceeds attributable to a claim for tortious interference with contractual rights and prospective business advantages were excludable under section 104(a)(2)). For the reasons described below, however, we are unpersuaded that Katherine and Damian received the settlement payments exclusively on account of personal injuries or sickness. 2. Katherine’s Claims for Economic Injuries On or about June 30, 1993, immediately after Maritz Inc. terminated Katherine’s employment, Suelthaus met with Backerman and asserted a claim for severance benefits on Katherine’s behalf. About 2 weeks later, the Hobler family, through one of their newly elected Maritz Inc. board members, introduced a resolution to reinstate Katherine in her former position and to compensate her for lost wages and benefits, as well as “for any emotional and/or physical damages she may have suffered” as aPage: 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