- 26 - punitive damages that had been awarded under the final judgment in the whistleblower lawsuit. There is no indication that a total abatement was intended or effected. In any event, petitioner has presented no persuasive reason for concluding that any of the damages resolved by paragraph 6 fall within an exempt category. Again, petitioner has failed to establish the second prong of Schleier because he is unable to establish that any part of the second annuity was allocable to personal injury or sickness, and the record lacks any evidentiary basis for concluding that any portion of the second annuity was allocable to personal injury or sickness. See Lindsey v. Commissioner, supra. Therefore, after examining the facts and circumstances surrounding the claim and the settlement agreement, we conclude that the payments received under paragraph 6 and the second annuity contract are not excludable under section 104(a)(2) and are to be included in petitioner’s gross income when received. Expenses for Green Capital and TS Capital The parties stipulated that for tax years 1995 through 1998 petitioner is entitled to additional deductions in agreed amounts under either section 162 or section 212 as the Court may determine. Petitioner contends that the additional deductions are allowable as ordinary and necessary business expenses under section 162. Respondent contends that the additional deductionsPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011