- 5 - 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 demandsPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011