Carrie Dawn Murray, n.k.a. Carrie Dawn Weaver - Page 12

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               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...)           





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