- 7 - for services, which by regulation includes severance or termination pay, is expressly encompassed within this broad definition. See sec. 61(a)(1); sec. 1.61-2(a)(1), Income Tax Regs. Section 104, in contrast, provides otherwise with respect to compensation for injuries or sickness and, in pertinent part, reads as follows: SEC. 104. COMPENSATION FOR INJURIES OR SICKNESS. (a) In General.--Except in the case of amounts attributable to (and not in excess of) deductions allowed under section 213 (relating to medical, etc., expenses) for any prior taxable year, gross income does not include-- * * * * * * * (2) 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 104(a)(2) was amended by section 1605(a) of the Small Business Job Protection Act of 1996, Pub. L. 104-188, 110 Stat. 1755, 1838, generally effective for tax years beginning after December 31, 1996.) Regulations promulgated under section 104 further define “damages received (whether by suit or agreement)” as “an amount received (other than workmen’s compensation) through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution.” Sec. 1.104-1(c), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011