Ashit Valia and Smita Valia - Page 6

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               The release indicates that the unreported settlement                   
          proceeds of $62,500 consisted of two components:  (1) $37,500               
          “for which an IRS ‘Form 1099’ will be issued” and (2) $25,000 for           
          attorney’s fees and costs.  Language in a settlement agreement              
          can offer some probative evidence on how a settlement payment               
          should properly be characterized for purposes of section                    
          104(a)(2).  See, e.g., Bent v. Commissioner, 87 T.C. 236, 246               
          (1986), affd. 835 F.2d 67 (3d Cir. 1987).  That characterization            
          is important in deciding whether the payment may be excluded from           
          a taxpayer’s gross income.                                                  
               In general, a taxpayer’s gross income broadly encompasses              
          all income from whatever source derived.  Sec. 61(a).  It does              
          not include “the amount of any damages (other than punitive                 
          damages) received (whether by suit or agreement and whether as              
          lump sums or as periodic payments) on account of personal                   
          physical injuries or physical sickness”.  Sec. 104(a)(2).  As               
          such, settlement proceeds on account of nonphysical injuries,               
          such as gender discrimination, may not be excluded under section            
          104(a)(2).                                                                  
               The underlying litigation upon which the parties rely was              
          reported as Martens v. Smith Barney, Inc., supra.  The complaint            
          in that case raised allegations of gender discrimination.  See              
          id. at 250.  There was no claim of personal physical injury or              
          sickness.  Similarly, the release focuses on claims and demands             






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