John W. Marsh - Page 20




                                       - 20 -                                         
               A:  No, we had not  - it was not quite that                            
               simple.  It was basically that the fact that the issue                 
               of whether or not it was a motorcycle versus a horse                   
               accident was not conclusively established.  We had not                 
               had the opportunity to fully develop those issues.  But                
               looming on the horizon was [Mr. Marsh’s attorney’s]                    
               threat of expanding the lawsuit, plus this very onerous                
               discovery request [“that would require hundreds of                     
               thousands of hours of manual labor” to comply with]                    
               that had been served on us.  And you know, we felt that                
               we were kind of pushed against the wall basically.                     
               Q:  * * * if Mr. Marsh was lying about the cause                       
               of the accident and it was a non-vehicular accident,                   
               the insurance company would have had a defense to                      
               paying out any claims under the policy, correct?                       
               A:  Yes it would have had a defense to the claim                       
               under the policy, but not to the other claims.                         
               The insurance settlement in this case was paid by the                  
          insurer to avoid the costs of litigating what it considered to be           
          a doubtful personal injury claim after the insurance company had            
          initially and improperly relied on an invalid exclusionary                  
          provision.  Petitioner’s claim was actually based on a false                
          accident report, and this false statement was the basis for his             
          recovery.  Without petitioner’s false statement regarding the               
          circumstances of the accident there would have been no insurance            
          recovery.  Statutory exclusions from income such as those                   
          contained in section 104(a) are to be narrowly construed.  See              
          Commissioner v. Jacobson, 336 U.S. 28 (1949).  We hold that the             
          $105,000 settlement was not on account of or for personal                   
          injuries within the meaning of section 104(a).  We, therefore,              








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