Marsha M. Bland - Page 7




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            for services, which by regulation includes severance or                                    
            termination pay, is expressly encompassed within this broad                                
            definition.  See sec. 61(a)(1); sec. 1.61-2(a)(1), Income Tax                              
            Regs.                                                                                      
                  Section 104, in contrast, provides otherwise with respect to                         
            compensation for injuries or sickness and, in pertinent part,                              
            reads as follows:                                                                          
                  SEC. 104.  COMPENSATION FOR INJURIES OR SICKNESS.                                    
                        (a) In General.--Except in the case of amounts                                 
                  attributable to (and not in excess of) deductions                                    
                  allowed under section 213 (relating to medical, etc.,                                
                  expenses) for any prior taxable year, gross income does                              
                  not include--                                                                        
                              *     *     *     *     *     *     *                                    
                              (2) the amount of any damages received                                   
                        (whether by suit or agreement and whether as lump                              
                        sums or as periodic payments) on account of                                    
                        personal injuries or sickness;                                                 
            (Section 104(a)(2) was amended by section 1605(a) of the Small                             
            Business Job Protection Act of 1996, Pub. L. 104-188, 110 Stat.                            
            1755, 1838, generally effective for tax years beginning after                              
            December 31, 1996.)                                                                        
                  Regulations promulgated under section 104 further define                             
            “damages received (whether by suit or agreement)” as “an amount                            
            received (other than workmen’s compensation) 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.”  Sec. 1.104-1(c), Income Tax Regs.                                           





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