T.C. Memo. 2003-240 UNITED STATES TAX COURT SANDRA G. VENABLE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 10888-02. Filed August 13, 2003. On Aug. 26, 1994, P filed a malicious prosecution lawsuit in Texas against a former business associate. After trial to a jury, P was awarded a favorable verdict and judgment in August of 1996. A State appellate court affirmed, and the Texas Supreme Court denied review in 1998. The former business associate then satisfied the judgment by means of a check dated Oct. 29, 1998. Held: Sec. 104, I.R.C., as amended by the Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1605, 110 Stat. 1838, is applicable to determine excludability from gross income of the damages P received. Held, further, the payment P received pursuant to the malicious prosecution lawsuit is not excludable from gross income for 1998 under sec. 104, I.R.C. There is no evidence that any of the judgment award was received on account of a personal physical injury or physical sickness as required by sec. 104(a)(2),Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011