Thomas Andrew and Diane Koerner Campbell - Page 11




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          only proximately caused by tortious conduct; it must also be                
          directly causally related to personal injuries.  Commissioner v.            
          Schleier, supra at 329-330; see also O’Gilvie v. United States,             
          519 U.S. 79 (1996).  In other words, the mere fact that a                   
          taxpayer suffers a “personal” injury from a defendant’s conduct             
          is insufficient to satisfy the “on account of personal injuries             
          or sickness” test; only recovery that is “attributable to” such             
          personal injury is excludable from gross income.  Commissioner v.           
          Schleier, supra at 330-331.  As interpreted by the Supreme Court,           
          the phrase “on account of” imposes a “stronger causal                       
          connection,” thereby making section 104(a)(2) “applicable only to           
          those personal injury lawsuit damages that were awarded by reason           
          of, or because of, the personal injuries.”  O’Gilvie v. United              
          States, supra at 83.                                                        
               In the instant case, Mrs. Campbell’s only claim against OTS            
          was that OTS did not follow the RIF regulations in effecting her            
          reduction in grade (i.e., her demotion).  On appeal to the MSPB,            
          her requested relief from OTS’s violation of the RIF regulations            
          was for OTS’s action reclassifying her position to be vacated and           
          for an award of compensatory damages including the lost wages and           
          benefits she would have been entitled to had she retained her               
          original position.  The MSPB agreed with Mrs. Campbell and                  
          ordered OTS to cancel Mrs. Campbell’s demotion and restore her to           
          her former position effective December 12, 1990, and to issue a             







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