- 8 - on account of personal injuries and therefore excludable under section 104(a)(2). On April 10, 1997, respondent mailed petitioners a statutory notice of deficiency, determining that the payments were includable in income for the respective tax years. OPINION The issue for our consideration in this case requires an analysis of whether the payments received fit within the statutory exclusion provided for in section 104(a)(2). Except as otherwise specifically provided, gross income includes a taxpayer’s income from whatever source derived. See sec. 61(a); see also Commissioner v. Glenshaw Glass Co., 348 U.S. 426 (1955). Section 61(a) is broadly construed, whereas specific exclusions from gross income must be narrowly construed. See Commissioner v. Schleier, 515 U.S. 323, 327-328 (1995). For 1993 and 1994, section 104(a)(2) specifically excluded from gross income “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 “damages received” is an amount received (other than workmen’s compensation) through prosecution of an action based upon tort or tort-type rights. The Supreme Court has held that taxpayers may excludePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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