Tax law excludes from “gross income” damages received in a legal action for “personal physical injuries or physical sickness,” if certain conditions are met. There must be a “direct causal link” between the damages and the injury. In one case, the U.S. Tax Court ruled that married taxpayers weren’t entitled to income exclusion for a settlement payment the husband received from his former employer in connection with an employment discrimination / wrongful termination lawsuit. Although the settlement agreement provided for payment “for alleged personal injuries,” there was no evidence that it was paid on account of physical injuries or sickness. (TC Memo 2022-90)
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