Ronald W. Ramey and Joni J. Ramey - Page 7




                                         -6-                                          
          settlement language to the contrary was a “naked attempt” to                
          qualify under section 104(a)(2) and therefore should be                     
          disregarded.                                                                
                                     Discussion                                       
               Section 61 provides that all income from whatever source               
          derived is included in gross income, except as otherwise                    
          provided.  This definition of gross income is broadly construed.            
          See Commissioner v. Schleier, 515 U.S. 323, 327-328 (1995).                 
          Accordingly, any statutory exclusions from income must be                   
          narrowly construed.  Id.                                                    
               One such exclusion, provided for in section 104(a)(2), is              
          that “damages [received] (whether by suit or agreement and                  
          whether as lump sums or periodic payments) are excluded from                
          gross income if those damages were received on account of                   
          personal injuries or sickness”.  However, two requirements must             
          be met.  Commissioner v. Schleier, supra at 337; sec. 1.104-1(c),           
          Income Tax Regs.  First, the claims from which the lawsuit arose            
          and upon which it settled, must be “based upon tort or tort type            
          rights.”  Commissioner v. Schleier, supra at 337.  Second, the              
          damages must have been received “on account of personal injuries            
          or sickness.”  Id.  For the exclusion to apply, both requirements           
          must be satisfied.4  Id.; Jacobs v. Commissioner, T.C. Memo.                

               4 It must be noted here that a “personal injury” is                    
          different from an “economic injury”.  A personal injury includes            
          nonphysical injuries such as those affecting emotions,                      
          reputation, or character.  United States v. Burke, 504 U.S. 229,            




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