The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Thursday, August 24, 2006

New call for hedonic damages? Emotional distress damages can not be taxed

From the THE ASSOCIATED PRESS
Tax code on emotional damages tossed

WASHINGTON -- The federal government may not tax the money plaintiffs receive as compensation for emotional distress and other intangible injuries, a federal appeals court said Tuesday.... it could mean the end of tax bills following a variety of trials, from civil rights disputes to employment discrimination cases.

The court ruled that such awards, like the$70,000 judgment for emotional distress and injury to reputation following a 1994 whistleblower case against the New York Air National Guard that lead to the decision, were not income but "compensation for the loss of a personal attribute." In that sense, they are akin to awards for physical injuries, which are tax exempt, the court said.

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