- 19 - sickness, except to the limited extent of allowing an exclusion for damages up to the amount paid for medical care necessitated by emotional distress. Petitioner is unable to take advantage even of this limited exception because there is no evidence of how much, if anything, she spent to obtain medical care. Thus, the Court holds that petitioner is not entitled under section 104 to exclude from income any portion of the payment she received pursuant to the malicious prosecution lawsuit. To reflect the foregoing and concessions by the parties, which, inter alia and as noted previously, resolved the section 6662(a) penalty issue, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
Last modified: May 25, 2011