- 13 - petitioners' invitation to shift the burden of proof in this case to respondent. II. Excludability of Settlement Proceeds Under Section 104(a)(2) Except as otherwise provided, gross income includes income from all sources. Sec. 61. In this regard, statutory exclusions from income must be narrowly construed. Commissioner v. Schleier, 515 U.S. 232, 115 S. Ct. 2159, 2163 (1995). 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 that "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. Sec. 104(a)(2); O'Gilvie v. United States, 519 U.S. ___, 117 S. Ct. 452, 454 (1996); Commissioner v. Schleier, 515 U.S. at __, 115 S. Ct. at 2164; P & X Mkts., Inc. v. Commissioner, 106 T.C. 441, 443-444 (1996); sec. 1.104-1(c), Income Tax Regs. Petitioners contend that $800,000 is excludable from gross income under section 104(a)(2) because the settlement agreementPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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