- 8 - amount of damages not in excess of the amount paid for medical care * * * attributable to emotional distress. 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. 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. Prior to the SBJPA, section 104 authorized exclusion of damages received on account of “personal injuries or sickness”, which embraced “nonphysical injuries to the individual, such as those affecting emotions, reputation, or character”. United States v. Burke, supra at 235 n.6; see also Commissioner v. Schleier, supra at 329-331. Interpreting that regime, the U.S. Supreme Court in Commissioner v. Schleier, supra at 336-337, established a two-pronged test for ascertaining a taxpayer’s eligibility for the section 104(a)(2) exclusion. As stated by the Supreme Court: “First, the taxpayer must demonstrate that the underlying cause of action giving rise to the recovery is ‘based upon tort or tort type rights’; and second, the taxpayerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011