Emanoil and Magdalena Gantea - Page 5

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               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., defines                   






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