- 16 - suit or agreement and whether as lump sums or as periodic payments) on account of personal injuries or sickness; The regulations under section 104 provide that the term “damages received (whether by suit or agreement)” means “an amount received (other than workmen’s compensation) through prosecution of a legal suit or action based upon tort or tort- type rights, or through a settlement agreement entered into in lieu of such prosecution.” Sec. 1.104-1(c), Income Tax Regs. In Commissioner v. Schleier, supra, the U.S. Supreme Court established a two-prong test for determining whether a taxpayer is eligible to exclude income under section 104(a)(2). The taxpayer must demonstrate (1) that the underlying cause of action giving rise to recovery is based upon tort or tort-type rights and (2) that the damages were received on account of personal injuries or sickness. See Commissioner v. Schleier, supra at 336-337. B. Contentions of the Parties Petitioner contends that the $116,000 payment he received from Winston was a result of arm’s-length negotiations resulting in a settlement solely for his release of an IIED claim. Respondent contends that the $116,000 settlement payment was a portion of a severance payment, and not consideration for a release of a specific IIED claim.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011