- 13 - section 104(a) to support their position that both the $10,000 payment and the $23,255 payment (collectively, settlement amounts in dispute) are to be excluded from their income for 1994. According to petitioners, those amounts were paid to Mr. D’Amico to settle his claims against the Company for his physical inju- ries. Section 61(a) provides the following sweeping definition of the term “gross income”: “Except as otherwise provided in this subtitle, gross income means all income from whatever source derived”. Not only is section 61(a) broad in its scope, see Commissioner v. Schleier, 515 U.S. 323, 328 (1995), exclusions from gross income must be narrowly construed, see id.; United States v. Burke, 504 U.S. 229, 248 (1992). Section 104(a)(2) on which petitioners rely provides that 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”. 4(...continued) market value of the leased automobile is $12,000. We reject petitioners’ alternative contention. First, that contention was raised for the first time on brief, and respondent did not have the opportunity to introduce evidence with respect to it. Second, there is nothing in the record to support petitioners’ position on brief that the fair market value of the leased automobile is $12,000. Third, on the record before us, we find that it is the cost to the Company of purchasing the leased automobile which is the benefit that Mr. D’Amico received under the settlement agreement and which we hold below is to be included in petitioners’ taxable income for 1994.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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