William L. and Marsha G. Kidd - Page 8

                                         -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 in            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011