Thomas B. Hawkins and Leanna L. Hawkins, Deceased - Page 6

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          gross income are construed narrowly.  Commissioner v. Schleier,             
          supra at 328; United States v. Burke, 504 U.S. 229, 248 (1992)              
          (Souter, J., concurring in judgment).  Before its amendment on              
          August 20, 1996, by the Small Business Job Protection Act of 1996           
          (SBJPA), Pub. L. 104-188, sec. 1605, 110 Stat. 1838, section 104            
          read in pertinent part as follows (pre-SBJPA section 104):                  
               SEC. 104. COMPENSATION FOR INJURIES OR SICKNESS.                       
                    (a) In General.--Except in the case of amounts                    
               attributable to (and not in excess of) deductions                      
               allowed under section 213 (relating to medical, etc.,                  
               expenses) for any prior taxable year, gross income does                
               not include--                                                          
                           *    *    *    *    *    *    *                            
                         (2) the amount of any damages received                       
                    (whether by suit or agreement and whether as lump                 
                    sums or as periodic payments) on account of                       
                    personal injuries or sickness;                                    
               The reference to personal injuries in this former version of           
          the statute did not include purely economic injuries but did                
          embrace “nonphysical injuries to the individual, such as those              
          affecting emotions”.  United States v. Burke, supra at 235 n.6,             
          239.                                                                        
               The SBJPA then amended section 104, as relevant here, to               
          provide (post-SBJPA section 104):                                           
               SEC. 104. COMPENSATION FOR INJURIES OR SICKNESS.                       
                    (a) In General.--Except in the case of amounts                    
               attributable to (and not in excess of) deductions                      
               allowed under section 213 (relating to medical, etc.,                  
               expenses) for any prior taxable year, gross income does                
               not include--                                                          





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