Jacqueline Medina - Page 8

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          term emotional distress includes symptoms (e.g., insomnia,                  
          headaches, stomach disorders) which may result from such                    
          emotional distress.”5  H. Conf. Rept. 104-737, at 301 n.56                  
          (1996), 1996-3 C.B. 741, 1041.                                              
               Respondent determined that petitioner must include the                 
          $58,000 amount in income because none of it was received on                 
          account of any physical injury or physical sickness.  Conversely,           
          petitioner asserts that the entire $58,000 amount is excludable             
          from income under section 104(a)(2) because she received it for             
          personal injuries she sustained during her pregnancy and the                
          premature birth of her twins.                                               
               Petitioner must satisfy two requirements to exclude the                
          $58,000 amount from income under section 104(a)(2).  She must               
          prove first that the underlying cause of action giving rise to              
          her recovery of the payment is based upon tort or tort type                 
          rights, and second that the payment was received on account of              








               5Petitioner’s complaint raised intentional infliction of               
          emotional distress as a cause of action.  However, the Small                
          Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1605,            
          110 Stat. 1838 (the 1996 amendment), amended sec. 104(a)(2) to              
          narrow the exclusion for personal injury damages received                   
          pursuant to a judgment or settlement, effective for amounts                 
          received after Aug. 20, 1996.  Under the 1996 amendment, personal           
          injury or sickness must be physical.                                        




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