Geraldine M. and Arthur F. Reid - Page 6




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               Respondent asserts that the $5,000 payment represents a                
          payment in settlement of a lawsuit brought by petitioner for                
          wrongful discharge from employment by petitioner’s former                   
          employer; therefore, the settlement proceeds are not excludable             
          from gross income under section 104(a)(2) and are taxable.                  
          Discussion                                                                  
               Section 104(a)(1) and (2)                                              
               Pursuant to section 104(a)(1), amounts received under                  
          “workmen’s compensation acts” as compensation for personal                  
          injuries or sickness are excludable from gross income.  This                
          section applies to amounts received pursuant to a workmen’s                 
          compensation act or a statute in the nature of a workmen’s                  
          compensation act which provides compensation to employees for               
          personal injuries or sickness incurred in the course of                     
          employment, but it does not apply to a nonoccupational injury or            
          sickness.  Sec. 1.104-1(b), Income Tax Regs.                                
               Under section 104(a)(2), gross income does not include                 
          income received as damages (other than punitive damages) received           
          (whether by suit or agreement) on account of personal physical              
          injuries or physical sickness.1  “Damages received” is defined as           


               1  Sec. 104(a)(2) was amended by the Small Business Job                
          Protection Act of 1996, Pub. L. 104-188, sec. 1605(a), 110 Stat.            
          1838, effective for amounts received after Aug. 20, 1996.  When             
          Congress amended sec. 104(a)(2), it further limited the exclusion           
          from gross income for damages received because of a nonphysical             
          injury.  Because petitioner claims a physical injury is at the              
          foundation of his cause of action, we may consider the prior                
          statute, regulations, and caselaw for guidance.                             




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