F. Browne Gregg, Sr., and Juanita O. Gregg - Page 8




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          received (whether by suit or agreement and whether as lump sums              
          or as periodic payments) on account of personal injuries or                  
          sickness".  The applicable regulations define "damages received"             
          as “an amount received * * * through prosecution of a legal suit             
          or action based upon tort or tort type rights”.  Sec. 1.104-1(c),            
          Income Tax Regs.                                                             
               In United States v. Burke, supra at 237, the Supreme Court              
          held that to qualify for the section 104(a)(2) income exclusion,             
          a taxpayer must show that the legal basis for recovery redresses             
          a “tort-like personal injury”.                                               
               In Commissioner v. Schleier, supra at 336, the Supreme Court            
          concluded that a tort or tort-like claim is a necessary but                  
          insufficient condition for excludability under section 104(a)(2).            
          The Supreme Court held that excludability under section 104(a)(2)            
          also requires that the amounts received be “on account of                    
          personal injuries or sickness”, focusing on whether there is                 
          proximate cause between any personal injury and the damages                  
          recovered.  Commissioner v. Schleier, supra at 336.                          
               In O’Gilvie v. United States, 519 U.S. 79 (1996), the                   
          Supreme Court revisited this issue.  Acknowledging that “the                 
          phrase ‘on account of’ does not unambiguously define itself”, the            
          Court rejected an interpretation of section 104(a)(2) that would             
          require no more than a “but-for” connection between personal                 
          injuries and damages received, and instead required a “stronger              
          causal connection, making the provision applicable only to those             




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