John Bothe & Barbara Bothe - Page 10

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          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.                   





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