William L. and Marsha G. Kidd - Page 11

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               We begin our analysis with the second prong.  The court of             
          appeals awarded Kidd an unspecified equitable remedy for the                
          violation of his rights under the California Constitution and               
          California Government Code, and the defendants paid $132,000 to             
          Kidd in settlement of this award.  Under the facts herein, we               
          conclude that the $132,000 was not paid to Kidd for personal                
          physical injuries or physical sickness within the meaning of                
          section 104(a)(2).  No exclusion is available under that                    
          provision insofar as the settlement was paid to compensate him              
          for injuries most akin to emotional distress.  Sec. 104(a)(2) and           
          flush language; see H. Conf. Rept. 104-737, at 301 n.56 (1996),             
          1996-3 C.B. 741, 1041 n.56 (emotional distress, including                   
          symptoms such as insomnia, headaches, and stomach disorders, is             
          not considered a physical injury or physical sickness, except               
          that an exclusion may be allowed to the amount paid for medical             
          care attributable to the emotional distress).  See generally                
          Black’s Law Dictionary 542 (7th ed. 1999) (“emotional distress”             
          denotes “A highly unpleasant mental reaction (such as anguish,              
          grief, fright, humiliation, or fury) that results from another              
          person’s conduct; emotional pain and suffering.”).  In fact, Kidd           
          asserted in this proceeding that he believes that the $132,000              
          compensated him for the “abuse and mental distress” that he                 
          suffered as a result of the defendants’ treatment of him as a               
          second class citizen.  We conclude that none of the $132,000 is             






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