- 9 - income.1 The 1999 amended return was treated as a claim for refund and denied by respondent. Discussion Section 61(a) provides generally and broadly that gross income includes all income from whatever source derived. Exclusions from gross income must be specifically provided for and are narrowly construed. Commissioner v. Schleier, 515 U.S. 323, 328 (1995). Section 104(a)(2) excludes from gross income “the amount of any damages (other than punitive damages) received (whether by suit or agreement and whether as lump sums or as periodic payments) on account of personal physical injuries or physical sickness”. Section 104(a) further provides that “emotional distress shall not be treated as a physical injury or physical sickness” for purposes of section 104(a)(2). “[T]he 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. Amounts are excludable from gross income under section 104(a)(2) only if: (1) The underlying cause of action giving 1 On the 1999 amended return, petitioners exclude settlement proceeds of $199,702 from gross income and not $199,073. The parties do not explain this difference. However, this discrepancy is of no significance to our conclusion.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011