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According to the district court, the IRS cannot be sued for emotional distress because of sovereign immunity. As in the case of unauthorized collection activities, similar action can be taken if the IRS improperly fails to release a lien on your property (Code Sec.
Emotional distress is not considered a physical injury or physical sickness. However, damages for emotional distress attributable to a physical injury or physical sickness are excluded from income under section 104(a)(2).
Section 104 does not limit the exclusion to personal physical injury. It also allows for any type of any nonphysical injury inflicted.
If your taxable interest income is more than $1,500 or you received interest as a nominee for the real owner, you must also include that income on Schedule B (Form 1040 or 1040-SR), Interest and Ordinary Dividends and attach it to your tax return.
Damages that Flow from Emotional Distress. IRC Section 104(a) specifically excludes emotional distress from the definition of physical injury or physical sickness, except where damages are paid for medical care attributable to such distress.
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Emotional distress is not considered a physical injury or physical sickness. However, damages for emotional distress attributable to a physical injury or physical sickness are excluded from income under section 104(a)(2).
Section 104(a)(2) ex- cludes 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)(2) ex- cludes 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.
Origin of the Claim Compensation for emotional distress is generally taxable. However, if there is a physical injury that led to emotional distress and the physical injury was the origin of the claim, then both the physical injury and emotional stress claim should be tax free.
Damages received for non-physical injury such as emotional distress, defamation and humiliation, although generally includable in gross income, are not subject to Federal employment taxes.

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