- 27 - Unreported Income From Settlements of Lawsuits Marine Builders, Inc. Petitioner argues that the $92,420 he received in 1994 in settlement of his lawsuit against Marine Builders, Inc., was a return of capital.18 The taxability of proceeds received from a lawsuit depends on the nature of the claim and the basis of the recovery. Raytheon Prod. Corp. v. Commissioner, 144 F.2d 110, 114 (1st Cir. 1944), affg. 1 T.C. 952 (1943). When amounts received from a lawsuit, through litigation or settlement, represent lost profits, the amount is taxable income; when the amount represents damages for lost capital, such amount is not taxable. Booker v. Commissioner, 27 T.C. 932, 937 (1957); Raytheon Prod. Corp. v. Commissioner, 1 T.C. 952, 958 (1943), affd. 144 F.2d 110 (1st Cir. 1944). Petitioner bears the burden of establishing that the proceeds of a settlement are what he claims them to be. Milenbach v. Commissioner, 318 F.3d 924 (9th Cir. 2003), affg. on this issue 106 T.C. 184 (1996). The complaint against Marine Builders, Inc., sought damages for breach of warranty, lost income, and loss of value. The settlement indicated that payments of $92,420 were for “damages for contractual claims” but did not indicate what portion, if any, of the payments was attributable to lost value versus lost 18 Petitioner concedes that the remaining $85,119 payment received from Marine Builders, Inc., in 1995 is taxable income.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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