It depends. Damages received on account of a personal injury that isn’t a physical personal injury are fully includible in gross income. Only compensatory damages for personal physical injury are tax free. Punitive damages are always taxable. Sexual harassment may not necessarily involve any physical injury. Physical ailments resulting from sexual harassment, including emotional distress, may not be sufficient to permit tax-free treatment of a recovery. Bottom line: It depends on the circumstances and what the settlement (and Form 1099-MISC) details. Discuss this with a knowledgeable tax adviser.
A revenue ruling is the Commissioner’s “official interpretation of the interpretation of the law” and generally is binding on revenue agents and other IRS officials. Taxpayers generally may rely on published revenue rulings in determining the tax treatment of their own transactions that arise out of similar facts and circumstances.