- 6 - 2. Petitioner’s Emotional Distress Petitioner was hospitalized for depression and emotional distress in March 2002, which she testified were caused by Ivy Tech’s conduct. Petitioner contends that an unspecified amount of the $25,000 payment was intended to compensate her for depression and emotional distress and is excludable under section 104(a)(2). We disagree. Damages attributable to emotional distress are excludable from income under section 104(a)(2) up to the amount paid for medical care described in section 213(d)(1)(A) and (B). Sec. 104(a) (flush language).3 The record does not contain any information relating to the amount of petitioner’s hospitalization expenses for depression or any related medical expenses, and so we have no basis on which to allocate any part of the $25,000 to those costs. 3 Sec. 104(a)(2) was amended in 1996 by the Small Business Job Protection Act of 1996 (SBJPA), Pub. L. 104-188, sec. 1605(a), 110 Stat. 1838, effective generally for amounts received after Aug. 20, 1996. In relevant part, the amendment added the modifier “physical” after “personal” and before “injuries” and the modifier “physical” was added before “sickness”. The amendment also provides that emotional distress shall not be treated as a physical injury or physical sickness except to the extent of damages not in excess of the amount paid for medical care described in sec. 213(d)(1)(A) and (B) attributable to emotional distress. Sec. 104(a) (flush language). The legislative history accompanying enactment of the SBJPA states 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011