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Taxpayer Case Study

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According to I.R.C. § 61 all income from different sources are taxable. However, under I.R.C. §104(a) (1) payments received underwork place compensation acts as compensation for personal injuries or sickness are not taxable.

According to I.R.C. §104(a) (2)payments received for punitive damages are taxable even if they are received as compensation for physical injury or sickness .Nevertheless, punitive damages received for a wrongful death are deductible for taxable income.

Under U.S. Code § 213 (a) Medical expenses above the minimum threshold (10% of adjusted gross income) are tax deductible. A portion of general medical expenses is tax deductible, but only if not get reimbursed for that expense. According toReg1.213-1(g) (1) if a taxpayer is reimbursed for a medical expense that the taxpayer deducted in a prior year, the reimbursement is gross income in the year received to the extent of the previous deduction. So Mr. Andrew’s $40,000 of the settlement cannot be excluded under Section 104(a) (2). …show more content…

Treas. Reg. § 1.6041-1(f).According to Treas. Reg. § 1.6045-5(f), Example 2.damages in personal physical injury cases are tax-free. So if the petitioner hire a lawyer in a personal physical injury case, Attorneys’ fees associated with a physical injuryis tax-free.
Damage of Emotional distress not associated with physical trauma will be considered as income. But According to I.R.C. §104(a) (2) if this emotional distress is the consequence of bodily wound then awards for compensation will not be

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