Paul S. Lindsey, Jr. and Kristen L. Lindsey - Page 13

                                       - 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 any                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011