John W. Marsh - Page 18




                                       - 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 a              






Page:  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