- 4 - The settlement agreement did not allocate the $5,000 settlement payment among monetary, emotional, and physical damages. D. 1999 Tax Return During 1999, Mr. Henderson received $5,000 from Discover Financial Services, Inc., in settlement of the lawsuit against Morgan Stanley. On April 15, 2000, Mr. Henderson timely filed his 1999 Federal income tax return. On his 1999 Federal tax return, Mr. Henderson excluded from gross income the $5,000 settlement payment. Respondent issued a notice of deficiency to Mr. Henderson regarding his 1999 tax year. In the notice of deficiency, respondent determined, inter alia, that petitioner failed to report taxable compensation of $5,000 for 1999. OPINION Petitioner does not dispute receiving the $5,000 settlement payment in 1999 to settle petitioner’s claim against Morgan Stanley. Petitioner contends, however, that the $5,000 settlement payment is not taxable because it comes under the exclusion of section 104(a)(2). Respondent argues that the $5,000 settlement payment is includable in petitioner’s gross income for 1999. For the reasons stated below, we agree with respondent. Section 61(a) provides that “gross income means all income from whatever source derived” except as otherwise provided. ThePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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