- 18 - the taxpayer must prove: (1) The underlying cause of action is based upon tort or tort type rights, and (2) the damages were received on account of personal injuries. See Commissioner v. Schleier, 515 U.S. 323, 336 (1995). Subject to an exception not relevant here, section 104(a)(3) provides an exclusion from gross income of “amounts received through accident or health insurance for personal injuries or sickness”. (Emphasis added.) The mere fact that amounts in question are paid by an insurance company under an insurance policy does not establish that such amounts were actually paid for injuries and sickness. The taxpayer has the burden of proving this. Petitioner’s auto insurance, regarding uninsured drivers, apparently does not cover a nonvehicular accident that occurred while the insured was riding his horse. Petitioner sought medical help immediately after breaking his ankle. At that time he informed hospital personnel that a horse had fallen on him. When he was treated the next day he conveyed the same account to the medical service providers. Petitioner was also a career policeman who would understand the need to file a police report immediately if he had been injured as a result of actions by an uninsured motorist who had fled the scene of the accident. Nevertheless, no such report was immediately filed. Indeed, it was not until several weeks had lapsed, after petitioner had aPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011