Wilton Earl and Dorothy M. Keel - Page 8

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                  "personal injury".  I had worked for the company for                                
                  almost twenty three years, more than half my life at                                
                  that time period, and have not rebound[ed] either                                   
                  financially or personally since that time period.                                   
                                                                                                     
                  Except as otherwise provided, gross income includes income                          
            from all sources.  Sec. 61(a); Commissioner v. Glenshaw Glass                             
            Co., 348 U.S. 426 (1955).  While section 61(a) is to be broadly                           
            construed, statutory exclusions from income are narrowly                                  
            construed.  Commissioner v. Schleier, 515 U.S.    , 115 S. Ct.                            
            2159, 2163 (1995); Kovacs v. Commissioner, 100 T.C. 124, 128                              
            (1993), affd. without published opinion 25 F.3d 1048 (6th Cir.                            
            1994).                                                                                    
                  Under 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                               
            personal injuries or sickness".  Section 1.104-1(c), Income Tax                           
            Regs., provides:                                                                          
                        (c) Damages received on account of personal                                   
                  injuries or sickness.  * * *  The term "damages                                     
                  received (whether by suit or agreement)" means 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.                                                                   
                  Thus, an amount may be excluded from gross income only when                         
            it was received both: (1) through prosecution or settlement of an                         
            action based upon tort or tort type rights; and (2) on account of                         
            personal injuries or sickness.  Commissioner v. Schleier, 515                             
            U.S. at    , 115 S. Ct. at 2166-2167; Wesson v. United States, 48                         





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