- 4 - her gross income. Respondent determined to the contrary that the proceeds were taxable, and issued a deficiency notice stating so. Respondent's determinations are presumed correct and petitioner bears the burden of proving the determinations erroneous. Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 61(a) broadly defines gross income as including all income from whatever source derived. Any exceptions to the inclusion of items of income as gross income must be narrowly construed. Commissioner v. Schleier, 515 U.S. ___, ___, 115 S.Ct 2159, 2163 (1995); Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429-430 (1955). Section 104(a)(2) provides that gross income does not include the amount of any damages received on account of personal injuries or sickness. The term "damages received" is further defined as an amount received 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. The Supreme Court has interpreted the foregoing statute and regulation as establishing a two-prong test: [There are] two independent requirements that a taxpayer must meet before a recovery may be excluded under section 104(a)(2). First, the taxpayer must demonstrate that the underlying cause of action giving rise to the recovery is "based upon tort or tort type rights"; and second, the taxpayer must show that the damages were received "on account of personal injuries or sickness." * * * [Commissioner v. Schleier, 515 U.S. at ___, 115 S. Ct. at 2167.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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