James E. & Ruth L. Norris - Page 7




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          before us is whether such disability payments are exempt under              
          section 104(a)(1).                                                          
               Section 61(a) provides that gross income includes all income           
          from whatever source derived.  Certain income, however, may be              
          specifically excluded from gross income.  See sec. 61(b).                   
               Under section 104(a)(1), worker’s compensation amounts are             
          excluded from gross income.  However, such exclusions have been             
          “strictly construed so as to conform with the general rule that             
          all income is taxable unless it is specifically excluded.”                  
          McDowell v. Commissioner, T.C. Memo. 1997-500; see Take v.                  
          Commissioner, 804 F.2d 553, 558 (9th Cir. 1986), affg. 82 T.C.              
          630 (1984).                                                                 
               Section 104(a)(1) excludes from gross income “amounts                  
          received under workmen’s compensation acts as compensation for              
          personal injuries or sickness”.  Section 1.104-1(b), Income Tax             
          Regs., interprets section 104(a)(1) to exempt amounts received              
          under a worker’s compensation act, or under a statute “in the               
          nature of a workmen’s compensation act which provides                       
          compensation to employees for personal injuries or sickness                 
          incurred in the course of employment.”                                      
               “Workmen’s compensation act” is defined as a statute which             
          requires as a precondition to eligibility for benefits that the             
          injury be incurred in the course of employment.  Take v.                    
          Commissioner, supra at 557.  A statute is not considered to be in           






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