Laura Denise Seidel - Page 6

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               B.  Section 104                                                        
               It is well established that, pursuant to section 61(a),                
          gross income includes all income from whatever source derived               
          unless otherwise excluded by the Internal Revenue Code.  See                
          Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 429-431 (1955).           
          Exclusions from gross income are construed narrowly.                        
          Commissioner v. Schleier, 515 U.S. 323, 327-328 (1995).                     
               The Small Business Job Protection Act of 1996 (SBJPA), Pub.            
          L. 104-188, sec. 1605, 110 Stat. 1838, amended section 104, as              
          relevant here, to provide:                                                  
               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 (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;                                                
                           *    *    *    *    *    *    *                            
               * * * For purposes of paragraph (2), emotional distress                
               shall not be treated as a physical injury or physical                  
               sickness. * * *                                                        
          Section 104 as amended by the SBJPA generally is effective for              
          amounts received after August 20, 1996.  SBJPA sec. 1605(d), 110            
          Stat. 1839.                                                                 






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