Thomas B. Hawkins and Leanna L. Hawkins, Deceased - Page 8

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               Petitioners request that the Court apply pre-SBJPA section             
          104.  SBJPA section 1605(d)(1) provides that the amendments made            
          by SBJPA section 1605 shall apply to amounts received after the             
          date of the enactment of the SBJPA, i.e., August 20, 1996, in               
          taxable years ending after such date.  SBJPA section 1605(d)(2)             
          provided an exception to this rule for amounts received under a             
          written binding agreement, court decree, or mediation award in              
          effect on (or issued on or before) September 13, 1995.                      
          Accordingly, post-SBJPA section 104 applies to amounts received             
          after its effective date unless they come within that exception.            
               Here, a court decree was not issued until on or after                  
          October 13, 1995, the date of the jury verdict.  Petitioner’s               
          situation therefore fails to satisfy the requirements for relief            
          under SBJPA section 1605(d)(2).  In that event, SBJPA section               
          1605(d)(1) unambiguously makes the section 104 amendments                   
          applicable to the situation at hand.  Therefore, petitioners may            
          not exclude any of the damages award from gross income as an                
          award for physical injury or physical sickness.                             
               Merchants also paid award interest to petitioners.  This               
          payment was for interest accrued on the Merchants award not on              
          account of physical injury or physical sickness.  Accordingly,              
          petitioners cannot exclude the interest portion of the award from           
          gross income under section 104(a)(2).  Aames v. Commissioner, 94            
          T.C. 189, 193 (1990).                                                       






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