Margaret M. Merker - Page 9

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          injuries or sickness".  "The term 'damages received (whether by             
          suit or agreement)' 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."             
          Sec. 1.104-1(c), Income Tax Regs.  Thus, the exclusion must                 
          derive from some sort of tort claim against the payor.  Rickel v.           
          Commissioner, 900 F.2d 655, 658 (3d Cir. 1990), affg. in part and           
          revg. in part on other grounds 92 T.C. 510 (1989).                          
               The Federal Employees' Compensation Act provides                       
          compensation to Federal employees for work-related injuries.  5             
          U.S.C. secs. 8101-8151 (1994).  The liability of the United                 
          States or any instrumentality thereof, in or under any judicial             
          proceeding, civil action, workmen's compensation statute, or                
          Federal tort liability statute, is expressly limited to the                 
          relief provided in the Federal Employees' Compensation Act.  5              
          U.S.C. sec. 8116(c).  Petitioner, however, received her                     
          disability annuity under 5 U.S.C. secs. 8451-8456 (1994).  Since            
          the exclusive legal remedy for redress of petitioner's tort                 
          claims against the Federal Government resulting from on the job             
          injuries is contained in the Federal Employees' Compensation Act,           
          it is axiomatic that petitioner's disability annuity, received              
          under a different set of statutes, must have been received for a            
          different purpose.  See Flaherty v. Commissioner, T.C. Memo.                





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