- 7 - nonemployee compensation in the amount of $60,000 representing the amount paid by DFAS pursuant to the mediation agreement. Petitioners did not include this payment as income on their 1997 Federal income tax return. In the notice of deficiency, respondent determined that the $60,000 payment constituted gross income and further determined petitioners failed to report $344 in interest income on their 1997 Federal income tax return. As noted earlier, petitioners conceded the unreported interest income adjustment, and respondent conceded that $5,000 of the $60,000 payment was excludable from gross income. Section 104(a)(2) excludes from gross income "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". Section 1.104-1(c), Income Tax Regs., defines "damages received" as "an amount received (other than workmen's compensation) through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution." Amounts are excludable from gross income only when (1) the underlying cause of action giving rise to the recovery is based on tort or tort type rights, and (2) the damages were received on account of personal injuries or sickness. Commissioner v. Schleier, 515 U.S. 323, 337 (1995).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011