- 4 - Certification, as a condition precedent to Alameda’s paying the $25,000 to petitioner. Petitioner received the $25,000 in 2003, and Alameda issued to petitioner a 2003 Form 1099-MISC, Miscellaneous Income, reporting its payment of that amount to her as nonemployee compensation. Petitioner did not report the $25,000 on her 2003 Federal income tax return. Discussion Respondent determined that the $25,000 is included in petitioner’s 2003 gross income. Petitioners argue alternatively that the $25,000 is not “income” in the context of the 16th Amendment and that the $25,000, if income, is excluded from their gross income under section 104(a)(2) as damages received for emotional distress inclusive of mental pain and anguish. In their posttrial brief, petitioners point the Court to Murphy v. IRS, 460 F.3d 79 (D.C. Cir. 2006), and assert that the opinion there controls this case. In Murphy, a panel of the Court of Appeals for the D.C. Circuit held that section 104(a)(2) violated the 16th Amendment insofar as it permitted the taxation of an award of damages for mental distress and loss of reputation. The opinion reasoned that damages awarded to the taxpayer for mental pain and anguish were not received in lieu of something normally taxed as income, nor were they income within the meaning of the 16th Amendment.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 10, 2007