Ronald W. Ramey and Joni J. Ramey - Page 13




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          importantly, the facts and circumstances in the record in this              
          case do not support petitioner’s claim.                                     
               First, the language is not supported by the evidence in our            
          record.  We know that all proceeds were not paid on account of              
          personal injury.  Plaintiffs, in their memorandum in support of             
          the motion for judicial approval, allocated all settlement                  
          proceeds according to back wages, attorney’s fees, and lawsuit              
          involvement.  We find it significant that there was no allocation           
          for personal injury when the parties to the class action                    
          meticulously provided for all of the items involved in the FLSA             
          claim.  Petitioner dismisses this as a mere technicality.  We               
          cannot so easily ignore this aspect-–especially in light of the             
          fact that petitioner admits on brief that up to 50 percent of the           
          proceeds could have been received on account of the FLSA claim.             
               Second, this language does not show a direct link between              
          the tort claim and a specific amount of money.  It is well                  
          settled that “Failure to show the specific amount of the payment            
          allocable to the claims of tort or tortlike damages for personal            
          injuries results in the entire amount’s being presumed not to be            
          excludable.”  Wise v. Commissioner, T.C. Memo. 1998-4; see also             
          Jacobs v. Commissioner, T.C. Memo. 2000-59.                                 
               Considering that exclusions from income (including those in            
          section 104(a)(2)) are narrowly construed, we cannot accept                 
          petitioner’s contentions on this record that the uncorroborated             
          and equivocal statements in the agreement and release are                   




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