- 50 - D. The Remaining Three Payments The remaining dispute between the parties mainly turns upon which version of section 104 is applicable to the November 1996 payment, the May 1997 payment, and the November 1998 payment (the three payments). Respondent contends that post-SBJPA section 104 is applicable; petitioner makes two arguments why pre-SBJPA section 104 is applicable. If post-SBJPA section 104 applies, the three payments are not excludable from income because petitioner did not suffer a physical injury. 1. Amount Realized Petitioner’s first argument is that post-SBJPA section 104 is inapplicable to the three payments because UTA’s obligation to make the three payments constituted an amount realized for tax purposes in May 1996 (before the amendment of section 104 by the SBJPA).26 This argument fails for several reasons. In construing section 104, our task is to give effect to the intent of Congress. We begin with the statutory language, which is the most persuasive evidence of the statutory purpose. United States v. Am. Trucking Associations, Inc., 310 U.S. 534, 542-543 (1940); Hospital Corp. of Am. v. Commissioner, 107 T.C. 116, 128 (1996) affd 348 F.3d 136 (6th Cir. 2003). 26 Petitioner cites, among other things, private letter rulings (PLRs) to support this argument. Parties are statutorily proscribed from citing PLRs as precedent. Sec. 6110(k)(3) (formerly sec. 6110(j)(3)); Willamette Indus., Inc. v. Commissioner, 118 T.C. 126, 134 n.10 (2002).Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 Next
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