Deborah E. Clark - Page 6

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                 State Farm reported $283,117.69 of the amount on a Form                                
            1099-MISC and reported $425.31 on a Form W-2.  Petitioner                                    
            reported $283,118 of the settlement proceeds as gross receipts on                            
            Schedule C (Profit or Loss From Business) of her 1992 Federal                                
            income tax return but then excluded this amount from her reported                            
            gross income.  In a Form 8275 (Disclosure Statement) attached to                             
            her return, petitioner stated that the proceeds represented                                  
            damages received on account of personal injuries within the                                  
            meaning of section 104(a)(2).  Respondent determined that the                                
            entire amount of the settlement award should have been included                              
            in petitioner's gross income.  In the notice of deficiency,                                  
            respondent allowed petitioner a deduction for the $57,897 paid to                            
            her attorneys.                                                                               

                                                OPINION                                                  

                  Except as otherwise provided, gross income includes income                             
            received from all sources.  Sec. 61(a); Commissioner v. Glenshaw                             
            Glass Co., 348 U.S. 426, 429-430 (1955).  While section 61(a) is                             
            to be broadly construed, statutory exclusions from income must be                            
            narrowly construed.  Commissioner v. Schleier, 515 U.S. ___, 115                             
            S. Ct. 2159, 2163 (1995).                                                                    
                  Pursuant to section 104(a)(2), gross income does not include                           
            "the amount of any damages received (whether by suit or agreement                            
            and whether as lump sums or as periodic payments) on account of                              





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