Gavin Polone - Page 43

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               allowed under section 213 (relating to medical, etc.,                  
               expenses) for any prior taxable year, gross income does                
               not include--                                                          
               *     *     *     *     *     *     *                                  
                         (2) 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;                                             
               *     *     *     *     *     *     *                                  
               * * * For purposes of paragraph (2), emotional distress                
               shall not be treated as a physical injury or physical                  
               sickness.  The preceding sentence shall not apply to an                
               amount of damages not in excess of the amount paid for                 
               medical care * * * attributable to emotional distress.                 
          The legislative history accompanying passage of the SBJPA                   
          additionally clarifies that “the term emotional distress includes           
          symptoms (e.g., insomnia, headaches, stomach disorders) which may           
          result from such emotional distress.”  H. Conf. Rept. 104-737, at           
          301 n.56 (1996), 1996-3 C.B. 741, 1041.  Post-SBJPA section 104             
          is effective for amounts received after August 20, 1996.  SBJPA,            
          sec. 1605(d), 110 Stat. 1839.                                               
               Regulations promulgated under section 104 further define               
          “damages received (whether by suit or agreement)” 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.”  Sec. 1.104-1(c), Income Tax Regs.                            
               For purposes of applying the above statutory and regulatory            
          text in effect before the SBJPA, the U.S. Supreme Court in                  





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