PLR 201022010: Wrongful-death compensation payment is excludable under IRC § 104(a)(2)

Plain-English summary

The IRS ruled that a survivor’s payment from a government-established compensation program for the wrongful death of the survivor’s child was excludable from gross income under IRC § 104(a)(2). The payment arose from claims for wrongful death and emotional distress attributable to a personal physical injury, and a later legislative settlement had voided the earlier court judgment. The exclusion did not cover amounts attributable to medical expenses deducted in a prior year. The ruling was based strictly on the submitted information and representations.

Ruling snapshot

• Question: Could the survivor exclude a wrongful-death compensation payment from gross income under IRC § 104(a)(2)?
• Outcome: Approved
• Key authorities: IRC § 104(a)(2); Treas. Reg. § 1.104-1(c); Small Business Job Protection Act of 1996, § 1605

Full text (IRS public release)

Internal Revenue Service
Department of the Treasury
Washington, DC 20224

Number: 201022010
Third Party Communication: None
Release Date: 6/4/2010
Date of Communication: Not Applicable
Person To Contact:
Index Number: 104.03-00
--------------------, ID No. -----------------
Telephone Number:
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Refer Reply To:
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CC:ITA:4
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PLR-140318-09
Date:
February 19, 2010

In re: ----------------------------------------------------------------

LEGEND:
Act = -------------------------------------------------------------------------------------------

Agency = ---------------------------------------------------

Agreement = ----------------------------------------

B = ------------------------

Court = --------------------------------------------------------------------------------

Department = ----------------------------------------------------------------------------

Entity1 = --------------------------------------------------------

Entity2 = -----------------------------------

Entity2 Claimants = -------------------

Incident = -------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------

T = --------------------------------------

Z = ------------------------------------------------
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c = ---------

Date 1 = --------------------

Date 2 = ----------------------

Year 1 = -------

Year 2 = -------

Year 3 = -------

f = ----------------------

$q = $---------------

$r = $---------------

$t = $-------------------

$v = $-------------------

w = -----

$y = $---------------

Dear --------------:

This is in reply to your request for a ruling that any payment you receive from Department for the wrongful death of B, your c, is excludable from your gross income under § 104(a)(2) of the Internal Revenue Code.

FACTS

Your c was one of w individuals killed in Incident. In Year 1, the estates of those killed and their survivors (including you) entered into a joint prosecution agreement (JPA) to pursue claims for damages against Entity1 and its officials who were responsible for Incident. The JPA sets forth how the plaintiffs will divide any amounts they recover in litigation or settlement of their claims.

Initial litigation The estates of those killed and their survivors initially sued Entity1 in Court in Year 1. The causes of action included claims for survivorship, wrongful death, and intentional infliction of emotional distress. You sought recovery for intentional infliction of emotional distress caused by the death of your c. In Year 2, Court granted
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summary judgment for plaintiffs on the issue of liability. In Year 3, Court awarded the plaintiffs an aggregate recovery of $v for compensatory damages, prejudgment interest, and punitive damages. You were awarded an aggregate of $y, $r against T and $q against Z.

Legislative settlement Subsequently, on Date 1, Entity2 passed the Act to provide fair compensation to all Entity2 Claimants who have f claims for wrongful death and physical injury (including claims for emotional distress) against Entity1 through a comprehensive settlement of those claims. Upon Entity1’s payment to Entity2, the Act voided all prior court proceedings and judgments for f claims by Entity2 Claimants against Entity1 or its officials, and permanently precluded Entity2 Claimants from asserting f claims against Entity1 or its officials. On Date 2, Entity1 and Entity2 entered into the Agreement to resolve all f claims against Entity1. Entity1 then transferred $t to Entity2, which will be paid to claimants covered by the Agreement. Thus, pursuant to the Act, Court award of damages to the plaintiffs was voided and has been vacated.

Agency has established procedures to compensate victims pursuant to the Agreement. As a survivor of an individual killed in Incident, you must file a claim with Department to recover damages for claims of wrongful death based on the death of your c. You represent that Department’s payment will not include interest or punitive damages.

LAW AND ANALYSIS

Section 104(a)(2) provides that, except in the case of amounts attributable to (and not in excess of) deductions allowed under § 213 (relating to medical, etc., expenses) for any prior taxable year, gross income does not include the amount of any damages received (whether by suit or agreement) on account of personal physical injuries or physical sickness.

Section 1.104-1(c) of the Income Tax Regulations provides that the term “damages received (whether by suit or agreement)” means an amount received through prosecution of a legal suit or action based upon tort or tort type rights or through a settlement agreement entered into in lieu of such prosecution.

Section 1605 of the Small Business Job Protection Act of 1996 limits the exclusion from gross income provided by § 104(a)(2) to amounts received on account of personal physical injuries or physical sickness (subject to one exception). In H.R. Conf. Rep. No. 104-737 at 301 (1996), Congress expressed its intent concerning the treatment of wrongful death damages and emotional distress damages attributable to a physical injury:

[D]amages (other than punitive damages) received on account of a claim of wrongful death continue to be excludable from taxable income as under present law. … Because all damages received on account of physical injury or physical
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sickness are excludable from gross income, the exclusion from gross income applies to any damages received based on a claim of emotional distress that is attributable to physical injury or physical sickness.

The action you brought in Court and the claim you file with Department each seek recovery of damages for emotional distress attributable to a personal physical injury. These claims are based in tort under § 1.104-1(c).

Under the Act, any recovery of compensatory damages that Department awards you is for the wrongful death of your c. This wrongful death recovery (as adjusted by the JPA) is received on account of a personal physical injury under § 104(a)(2).

CONCLUSION

Based strictly on the information submitted and the representations made, we conclude that the amount you receive from Department (as adjusted by the JPA) for the wrongful death of your c is excludable from your gross income under § 104(a)(2) (except for any amounts attributable to medical expenses that you in fact deducted on a prior year(s)’ federal income tax return).

We do not express or imply an opinion on the federal tax consequences of any aspect of these transactions other than those expressed in the conclusion above.

This ruling is directed only to the taxpayer requesting it. Section 6110(k)(3) provides that it may not be used or cited as precedent.

The rulings contained in this letter are based upon information and representations that you submitted under penalties of perjury. While this office has not verified any of the material submitted in support of the request for rulings, it is subject to verification on examination.

You must attach to any income tax return to which it is relevant a copy of this letter or, if you file your returns electronically, a statement providing the date and control number of this letter ruling. In accordance with the Power of Attorney on file with this office, we are sending a copy of this letter to your authorized representative.

Sincerely,

Michael J. Montemurro
Branch Chief
Office of Associate Chief Counsel
(Income Tax & Accounting)

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