Richard J. Tritz and Mary Jo Nietupski - Page 7




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          However, section 104(a)(2) excludes from gross income certain               
          amounts received on account of personal physical injury or                  
          sickness.  The provision reads in pertinent part:                           
                    SEC. 104(a).  In General.--Except in the case of                  
               amounts attributable to (and not in excess of) deductions              
               allowed under section 213 (relating to medical, etc.,                  
               expenses) for any prior taxable year, gross income does not            
               include--                                                              
                              *    *    *    *    *    *    *                         
                         (2) the amount of any damages (other than punitive           
                    damages) received (whether by suit or agreement and               
                    whether as lump sums or as periodic payments) on                  
                    account of personal physical injuries or physical                 
                    sickness;                                                         
                              *    *    *    *    *    *    *                         
               * * * For purposes of paragraph (2), emotional distress                
               shall not be treated as a physical injury or physical                  
               sickness.  The preceding sentence shall not apply to an                
               amount of damages not in excess of the amount paid for                 
               medical care (described in subparagraph (A) or (B) of                  
               section 213(d)(1)) attributable to emotional distress.1                


          1Section 104(a) was amended by the Small Business Job                       
          Protection Act of 1996, Pub. L. 104-188, sec. 1605(a), 110 Stat.            
          1755, 1838.  Prior to amendment, it read in pertinent part:                 
                    SEC. 104(a).  In General.--Except in the case of                  
               amounts attributable to (and not in excess of) deductions              
               allowed under section 213 (relating to medical, etc.,                  
               expenses) for any prior taxable year, gross income does not            
               include--                                                              
                              *    *    *    *    *    *    *                         
                         (2) 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;                                                         
                                                             (continued...)           





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