5 By the terms of the agreement, petitioner was paid $11,000 in consideration for the settlement of the EEO complaints and MSPB appeals. Sandy Soloman, regional counsel for the Army, drafted the settlement agreement. Petitioners were paid $11,000 by the Army on December 1, 1992. Petitioners did not include any of the settlement proceeds in gross income reported on their Federal income tax return filed for 1992. In the notice of deficiency, respondent increased petitioners' taxable income by $11,000 to reflect the amount of settlement proceeds received by petitioners from the Army. Petitioners contend that the settlement proceeds were paid to petitioner to settle his claims for damages for personal injuries and that the $11,000 is excludable from income under section 104(a)(2). Respondent's determination is presumed correct, and petitioners bear the burden of proving it erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Section 61 broadly defines gross income to include all income from whatever source derived, except as otherwise provided. Statutory exclusions from income are narrowly construed. Commissioner v. Schleier, 515 U.S. 323, 328 (1995). Section 104(a)(2) provides that gross income does not include "the amount of any damages received (whether by suit orPage: Previous 1 2 3 4 5 6 7 8 9 Next
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