- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011