Kemp v. CIR
Decision Date | 06 June 1991 |
Docket Number | No. 1:90-cv-1202 RCF.,1:90-cv-1202 RCF. |
Citation | 771 F. Supp. 357 |
Parties | Jan H. KEMP v. COMMISSIONER OF INTERNAL REVENUE. |
Court | U.S. District Court — Northern District of Georgia |
Robert Fierrer, Atlanta, Ga., for plaintiff.
Amy Kaminshine, Asst. U.S. Atty., Atlanta, Ga., for defendant.
This action is before the court on defendant's motion for summary judgment and plaintiff's cross-motion for summary judgment.
At issue in the case is whether plaintiff's receipt of punitive damages from settlement of a 42 U.S.C. § 1983 action comprises gross income under I.R.C. § 104(a)(2) (1986). Count I of the complaint seeks a refund of $68,516.00 and statutory interest for 1986 taxes wrongfully paid. In its order of October 29, 1990, the court dismissed Count II of the complaint for lack of subject matter jurisdiction. Count III of the complaint requests attorney's fees.
Under Fed.R.Civ.P. 56 the court should grant a motion for summary judgment where "there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law." The Supreme Court has clarified the standard for granting summary judgment. See Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The movant carries his burden by showing the court that there is "an absence of evidence to support the nonmoving party's case." Celotex, 477 U.S. at 325, 106 S.Ct. at 2554. The nonmovant, however, bears the burden of sufficiently establishing the existence of each element essential to his case on which he will bear the burden of proof at trial. Id. at 322, 106 S.Ct. at 2553. "The mere existence of a scintilla of evidence" supporting the nonmovant's case is insufficient to defeat a motion for summary judgment. Anderson, 477 U.S. at 252, 106 S.Ct. at 2512. The court, resolving all reasonable doubts in favor of the nonmovant, must determine "whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented." Id.
It is apparent from the parties' briefs that there are no genuine issues as to material facts in this action. Rather, the parties dispute whether punitive damages recovered in a section 1983 action are excludable from gross income as a matter of law. After carefully reviewing defendant's motion and plaintiff's cross-motion, the court finds that plaintiff's punitive damage award is not excludable from her gross income.
Section 61(a) of the Internal Revenue Code provides that "except as otherwise provided in this subtitle, gross income means all income from whatever source derived...." Plaintiff contends that the pertinent exclusion in this action is found in I.R.C. § 104(a)(2), which provides in relevant part that "gross income does not include ... the amount of any damages received (whether by suit or agreement ...) on account of personal injuries...."1
Plaintiff contends that Plaintiff's Brief in Support, at 8. Although the court agrees that plaintiff's damages derived from violation of a tortious injury, punitive damages are not awarded "on account of" such personal injury within the meaning of section 104(a)(2). The Supreme Court has recognized that punitive damages in a section 1983 action "are awarded in the jury's discretion `to punish the defendant for his outrageous conduct and to deter him and others like him from similar conduct in the future.'" Smith v. Wade, 461 U.S. 30, 54, 103 S.Ct. 1625, 1639, 75 L.Ed.2d 632 (1983) (quoting Restatement (Second) of Torts § 908(1) (1979)). Thus, punitive damages are awarded when the "tortfeasor's conduct ... calls for deterrence and punishment over and above that provided by compensatory awards." Id.
Punitive damages awarded under section 1983 clearly serve no "compensatory" purpose. The court therefore agrees with the Fourth Circuit's recent decision in Comm'r of Internal Revenue v. Miller, 914 F.2d 586, 591 (4th Cir.1990). The court in Miller held that the portion of the plaintiff's settlement that represented punitive damages was "a `windfall,'...
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