- 6 - and any statutory exclusions from income must be narrowly construed. See Commissioner v. Schleier, 515 U.S. 323, 327-328 (1995). Section 104(a)(2) provides an exclusion for “any damages received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal injuries or sickness”. To be excludable under section 104(a)(2), payments received in settlement must be (1) received “on account of personal injuries or sickness” and (2) received for claims “based upon tort or tort type rights”. Commissioner v. Schleier, supra at 333; sec. 1.104-1(c), Income Tax Regs. Both of these requirements must be satisfied in order for the exclusion to apply. See Commissioner v. Schleier, supra. The term “personal injuries” has been interpreted as including nonphysical injuries such as those affecting emotions, reputation, or character.1 United States v. Burke, 504 U.S. 229, 235 n.6 (1992). Personal injuries are distinguished from “legal injuries of an economic character” such as those arising out of the unlawful deprivation of full wages earned for services performed or the unlawful deprivation of the opportunity to earn wages through wrongful termination. Id. at 239. 1 The Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1605(a), 110 Stat. 1755, 1838, amended sec. 104(a)(2) to limit the exclusion to “personal physical injuries or physical sickness”. The amendment does not apply to 1995 and thus has no bearing on the case herein.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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