- 4 - The mediation summary does not address the tort type claims raised by petitioner in his complaint, and does not discuss any personal injury suffered by petitioner. The mediation panel, upon evaluation of each party's respective position, decided that United should pay petitioner $20,000 in damages. On March 15, 1990, petitioner and United agreed to accept the mediation panel's evaluation, and entered a stipulation and order for dismissal. Petitioner signed a settlement statement on April 6, 1990, acknowledging his receipt of the settlement proceeds (less attorney's fees and expenses). The statement of settlement does not identify or place a value on the specified claims of petitioner. OPINION As a general rule, the Commissioner's determinations are presumed correct, and the taxpayer bears the burden of proving that those determinations are erroneous. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). Except as otherwise provided, gross income includes income from all sources. Sec. 61(a); Commissioner v. Glenshaw Glass Co., 348 U.S. 426 (1955). In this regard, statutory exclusions from income must be narrowly construed. Commissioner v. Schleier, 515 U.S. __, __, 115 S. Ct. 2159, 2163 (1995). 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". This exclusion isPage: Previous 1 2 3 4 5 6 Next
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