- 21 - delineated in the settlement agreement. We agree with petitioners. Section 61(a) provides a broad definition of "gross income": "Except as otherwise provided in this subtitle, gross income means all income from whatever source derived". Thus, petitioners' settlement proceeds constitute gross income unless expressly excepted by another provision in the Code. Commissioner v. Schleier, 515 U.S. 323, 328 (1995). Petitioners claim the settlement award falls within section 104(a)(2), which excludes from gross income "the amount of any damages received * * * on account of personal injuries or sickness". Section 1.104-1(c), Income Tax Regs., provides: Section 104(a)(2) excludes from gross income the amount of any damages received (whether by suit or agreement) on account of personal injuries or sickness. The term "damages received * * *" means 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. Thus, petitioners must meet two independent requirements to exclude the recovery under section 104(a)(2): First, they must demonstrate that the underlying cause of action giving rise to the recovery is based upon tort or tort type rights; and second, they must show that the damages were received on account of personal injuries or sickness. Commissioner v. Schleier, supra at 337.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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