- 7 - settlement award of $30,599 is excludable from income under section 104(a)(2). Section 61 broadly defines gross income to include all income from whatever source derived, except as otherwise provided. Statutory exclusions from income are narrowly construed. Commissioner v. Schleier, 515 U.S. 323, 328 (1995). Section 104(a)(2) provides that gross income does not include “the amount of any damages received (whether by suit or by agreement * * * ) on account of personal injuries or sickness”. Section 1.104-1(c), Income Tax Regs., provides that the term “damages received” “means 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 prosecution.” Petitioner’s settlement proceeds may be excluded from gross income only if she shows: (1) The underlying cause of action giving rise to the recovery is based upon tort or tort type rights and (2) the damages were received on account of personal injuries or sickness. Commissioner v. Schleier, supra at 337. The first part of the test “examines the legal basis of the claim for tort-like characteristics, focusing on the scope of remedies available under the statutory scheme.” Dotson v. United States, 87 F.3d 682, 685 (5th Cir. 1996); see also Brennan v. Commissioner, T.C. Memo. 1997-317. The second requirement “testsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011