Question juridique clé
Whether the CHF 700,000 insurance lump sum was tax-free as compensation for pain and suffering.
Solution extraite
The taxpayer did not prove any specific party agreement that the payment was intended as compensation for pain and suffering; the lump sum remained taxable income.
Motifs extraits
Tax exemption for compensation for pain and suffering depends on the concrete contractual arrangement. The policy documents and insurer's letter were too general and did not show that the payment compensated immaterial harm. The burden of proof for a tax-reducing fact lay with the taxpayer.