Richard D. Anderson and Mary L. Anderson - Page 8




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          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 exclude                  





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