- 4 - Dana issued petitioner a Form 1099-MISC, Miscellaneous Income, reporting a payment of $30,211.66 of “nonemployee compensation”. Petitioners did not report the $30,211.66 damage award on their 1999 Federal income tax return. Respondent determined that the damage award should have been included in petitioners’ gross income. Petitioners have stipulated that “No portion of the settlement proceeds was paid to petitioner-husband on account of personal physical injuries or physical sickness.” Discussion Section 61 provides that “gross income means all income from whatever source derived”. Gross income is an inclusive term with broad scope, designed by Congress to “exert * * * ‘the full measure of its taxing power.’” Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429 (1955) (quoting Helvering v. Clifford, 309 U.S. 331, 334 (1940)). Conversely, statutory exceptions from income shall be narrowly construed. Commissioner v. Schleier, 515 U.S. 323, 328 (1995). Furthermore, “exemptions from taxation are not to be implied; they must be unambiguously proved.” United States v. Wells Fargo Bank, 485 U.S. 351, 354 (1988). 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., definesPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011