- 8 - that “emotional distress shall not be treated as a physical injury or physical sickness.” Only reimbursements for actual medical care for such injuries are now excludable. The legislative history of this amendment 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 n.56. Section 1605(d) of the SBJPA, 110 Stat. 1839, provides that (with an inapplicable exception) “the amendments made by this section shall apply to amounts received after the date of the enactment of this Act, in taxable years ending after such date.” The SBJPA was enacted on August 20, 1996. Id. at 1755. Petitioners contend that the “clear language” of section 1605(d) of the SBJPA dictates that the SBJPA amendments to section 104(a)(2) are not effective until 1997 because 1997 is “the tax year ending after the effective date of the enactment of the SBJPA”. Petitioners argue that, if Congress had intended for the amendments to become effective in the middle of a year, then it could have unambiguously stated so. Petitioners misinterpret this statutory language. Petitioners’ 1996 taxable year ended December 31, 1996, which is after the date of the enactment of the SBJPA. Petitioner received the settlement proceeds on December 17, 1996,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011