- 11 - Thus, we are convinced from the record as a whole that the entire amount of the $50,000 proceeds was intended to settle petitioner’s sexual harassment claims, as those claims are reflected in the original complaint. Consequently, no portions of the proceeds received under the settlement agreement are damages received “on account of personal physical injuries or physical sickness”, sec. 104(a)(2), and no portions of the proceeds are excludable from petitioner’s gross income under section 104(a)(2). Petitioner makes various arguments concerning injuries, both physical and psychological, which she asserts were caused by her employment with the May Company. Petitioner points to psychological counseling that she received prior to entering into the settlement agreement. Petitioner also argues that her emotional distress caused physical ailments which became manifest after she entered into the agreement. To this effect, petitioner provided evidence that she visited a physician in 2002 and 2003 for treatment of abdominal pain and related conditions. As discussed above, damages received for certain medical care for the treatment of emotional distress may be excludable under section 104(a)(2).1 However, the record indicates that the 1The legislative history accompanying passage of the amendment to section 104(a)(2) clarifies that “the term emotional distress includes symptoms (e.g., insomnia, headaches, stomach disorders) which may result from such emotional distress.” H. (continued...)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