Nedra Bolden - Page 6

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          v. Clifford, 309 U.S. 331, 334 (1940)).  Exceptions to the                  
          general rule are to be construed narrowly.  Commissioner v.                 
          Schleier, 515 U.S. 323, 328 (1995).  "[E]xemptions 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."  (Emphasis added.)                                               
               The regulations define "damages received" 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.  Damages                   
          received are excludable from gross income only when:  (1) The               
          underlying cause of action giving rise to recovery is based on              
          tort or tort type rights, and (2) the damages were received on              
          account of personal injuries or sickness.  Commissioner v.                  
          Schleier, supra at 337.  The second prong of this test "has since           
          been extended to apply to the amended version of section 104,               
          with the corresponding change that the second prong now requires            
          proof that the personal injuries or sickness for which damages              
          were received were physical in nature."  Venable v. Commissioner,           






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