- 6 - petitioner for physical injuries. The complaint that SCOE filed in State court alleges that petitioner is mentally unfit to teach, but it says nothing about her physical health. The other pleadings filed in connection with the State court case also omit any mention of petitioner’s physical condition. Petitioner argues that she suffered work-related physical injuries while employed with SCOE and that SCOE was aware of her injuries. Even if petitioner is correct, however, the question is whether the $50,000 was paid on account of such injuries. See sec. 104(a)(2). There is nothing in the record linking the settlement proceeds to petitioner’s diabetes or other physical injuries. Accordingly, respondent’s determination is sustained. Based on our resolution of this issue, we do not address whether the underlying cause of the State court action was based upon tort or tort type rights. See Allum v. Commissioner, supra. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011