-8- Neither Boise nor petitioners attached the 2000 Form 1099-MISC to petitioners’ 2000 return. OPINION We decide whether the $132,000 payment is includable in petitioners’ 2000 gross income. Petitioners argue it is not. According to petitioners, Kidd received this payment in settlement of the unspecified “equitable remedy” that was awarded to him for injuries which were unrelated to traditional work- related compensation such as back pay or a lost job opportunity. Petitioners assert that the claims underlying the lawsuit were tortlike in nature and that the $132,000 payment compensated Kidd for a personal physical injury. As to the latter, petitioners contend, a personal physical injury under section 104(a)(2) need not manifest itself like a broken bone would but may be of a latent type such as an injury to an individual’s dignity or self-respect. Respondent determined and argues that the $132,000 payment was includable in petitioners’ 2000 gross income. According to respondent, petitioners bear the burden of proof as to this deficiency and have failed to establish that either (1) the settlement amount was paid on account of personal physical injuries or (2) a cause of action underlying the lawsuit was based upon tort or tort type rights. Respondent asserts, without reference to any particular, that petitioners have neither asserted nor established that section 7491(a) applies inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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