- 10 - purposes and, as a result, * * * [the plaintiff’s] equal protection claim, as a matter of law, must fail. For the reasons set forth above, we hold that the $20,000 payment received by petitioner in 2000 is not excludable from his income for that year. In sustaining respondent’s deficiency determination, we have considered all of petitioner’s arguments, but we find them legally unsound. In particular, we reject petitioner’s argument that section 104(a)(2), as amended in 1996, is unconstitutional based on O’Gilvie v. United States, 519 U.S. 79 (1996) (holding that under section 104(a)(2), as in effect for 1988, amounts received as punitive damages are not received “on account of personal injuries or sickness” and thus are not excludable from gross income under that section). Reviewed and adopted as the report of the Small Tax Case Division. To give effect to our disposition of the disputed issue, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011