-5- 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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