References in periodicals archive ?
The taxpayer first argued that the damages she received should be excluded under section 104 because she suffered from physical manifestations of her emotional injury.
Schleier [(515 US at 323, 337 (1995)] said that to qualify for the exclusion, a taxpayer must establish that prosecution or settlement of an underlying claim is based on tort or tort-type rights, and that the receipt of damages is on account of personal physical injuries or physical sickness.
In the second New York appellate case, the general contractor was granted leave to amend its complaint to assert claims for delay damages, despite the inclusion of an exculpatory "no damage-for-delay" clause in the contract.
paid in settlement of the taxpayer's actual or potential liability for a fine or penalty (civil or criminal)"; it also states that compensatory damages do not constitute a fine or similar penalty.
Arkansas capped punitive damages at $250,000, and Idaho and West Virginia set the same limit on noneconomic damages.
This effect accounts for most of the ultimate damage from those traumas.
Nerve damage is likely due to a combination of factors:
Water damage has now spread throughout the Zelzah Avenue home - cracking walls, filling the two-bedroom house with a sickening stench, and spawning a barnyard-caliber infestation of flies.
A liquidated damages provision can be a useful tool, as it saves a great deal of time and money by eliminating the need to prove the actual amount of loss if a dispute or lawsuit arises.
Another 124 vehicles have varying amounts of damage, he said.
9 million punitive damages verdict, reduced by the judge to $3,725,000, is on appeal.
Schleier(1)(*) that section 104(a)(2) of the Internal Revenue Code(2) does not authorize a former United Airlines pilot to exclude from his gross income the amount received in settlement of a claim for back pay and liquidated damages under the Age Discrimination in Employment Act of 1967.
Under 1988, a person who sues under 1983 and prevails in the lawsuit is entitled not only to damages but also to an award for attorney's fees.