-9- surrounding the litigation, the allegations contained in the complaint, and the course of the settlement negotiations between the parties. Robinson v. Commissioner, supra at 127-128. Express allocations in a settlement, identifying payment amounts deemed eligible for the section 104(a)(2) exclusion, are generally accorded conclusive effect for tax purposes. Fono v. Commissioner, 79 T.C. 680, 693-694 (1982), affd. without published opinion 749 F.2d 37 (9th Cir. 1984). However, the statutory proviso contained in the penultimate sentence of section 104(a) dictates one exception to this principle of judicial deference to manifest allocations. The penultimate sentence of section 104(a) provides: “For purposes of paragraph (2), emotional distress shall not be treated as a physical injury or physical sickness.” As elucidated in the legislative history of the SBJPA amendment, “emotional distress” denotes “symptoms (e.g., insomnia, headaches, stomach disorders) which may result from such emotional distress.” H. Conf. Rept. 104-737, at 301 n.56 (1996), 1996-3 C.B. 741, 1041 n.56. To ascertain whether settlement proceeds fall within the section 104(a)(2) “physical injuries or physical sickness” rubric--as opposed to ineligible payments stemming from physical manifestations of emotional distress--the caselaw surveys the circumstances surrounding the origin of the injury redressed in the settlement for a sufficientPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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