- 6 - OPINION Except as otherwise provided, gross income includes income from whatever source derived. See sec. 61(a); Commissioner v. Glenshaw Glass Co., 348 U.S. 426 (1955). The term “gross income” is broadly construed. Commissioner v. Schleier, 515 U.S. 323, 327-328 (1995). Generally, severance pay fits within the definition of gross income. See, e.g., Taggi v. United States, 35 F.3d 93 (2d Cir. 1994); Glynn v. Commissioner, 76 T.C. 116 (1981) affd. without published opinion 676 F.2d 682 (1st Cir. 1982). On the other hand, gross income does not include “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”. Sec. 104(a)(2). To qualify for exclusion under that section, “damages” must be "received * * * 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. Under section 104(a)(2), a taxpayer may exclude damages from income only if: (1) The underlying claim that gave rise to the damages was based upon tort or tort type rights; and (2) the damages were received on account of personal injuries or sickness. See Commissioner v. Schleier, supra at 333-334; Bagley v. Commissioner, 105 T.C. 396, 416 (1995), affd. 121 F.3d 393Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011