- 13 - he made claim or for which he was compensated by NGC. What petitioner did suffer–-fatigability, occasional indigestion, and difficulty sleeping–-are the types of injuries or sicknesses that Congress intended to be encompassed within the definition of emotional distress. See H. Conf. Rept. 104-737, at 301 n.56, supra, 1996-3 C.B. at 1041 n.56. Consequently, amounts received on the basis of such injuries are not excludable from gross income under section 104(a)(2) even if the underlying cause of action sounds in tort. Even if petitioner had suffered a personal physical injury within the meaning of section 104(a)(2), such injury could not have been the basis for settlement because, as the parties stipulated, petitioner did not communicate any physical injury to representatives of NGC during the settlement negotiations. Clearly he did not make a claim for medical expenses that had been incurred as a result of his injury. Petitioners nevertheless argue that, even though petitioner’s injury (presumably the hypertension) was not disclosed to NGC during the settlement negotiations, “this in no way lessens its existence or the extent of such injury.” Respondent does not dispute the symptoms described by petitioner. The key, however, is not simply whether petitioner suffered an injury, but whether that injury was the basis for any portion of the settlement. In this case, NGC was unaware that petitioner was suffering from anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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