- 6 - * * * For purposes of paragraph (2), emotional distress shall not be treated as a physical injury or physical sickness.[2] * * * “Damages received” means amounts received “through prosecution of a legal suit or action based upon tort or tort type rights, or through a settlement agreement entered into in lieu of such prosecution.” Sec. 1.104-1(c), Income Tax Regs. The parties stipulated that petitioner received the $337,122.53 in question in 2001 and agree that no part of the judgment would be excluded from income pursuant to section 104(a)(2). Petitioner, however, argues that the award of damages to compensate for emotional distress is not gross income within the meaning of section 61(a) regardless of the exclusions contained in section 104. Petitioner, citing certain rulings issued after the 16th Amendment was ratified, 31 Op. Atty. Gen. 304, 308 (1918) and T.D. 2747, 20 Treas. Dec. Int. Rev. 457 (1918), as well as a House report accompanying a bill that became the Revenue Act of 1918, H. Rept. 767, 65th Cong., 2d Sess. (1918), 1939-1 C.B. (Part 2) 86, argues that his recovery from the FTB represents compensation for damage to human capital and thus is not income. 2Sec. 104 was so amended by the Small Business Job Protection Act of 1996, Pub. L. 104-188, sec. 1605, 110 Stat. 1838, to provide, effective for amounts received after Aug. 20, 1996, that the personal injury or sickness for which the damages are received must be physical.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 10, 2007