-24--24- 1490 (9th Cir. 1990), revg. 91 T.C. 160 (1988) (quoting Tribune Pub. Co. v. United States, 836 F.2d 1176, 1177 (9th Cir. 1988)). In characterizing the settlement payment for tax purposes, we ask: “‘In lieu of what were the damages awarded?’” Tribune Pub. Co. v. United States, supra (quoting Raytheon Prod. Corp. v. Commissioner, 144 F.2d 110, 113 (1st Cir. 1944), affg. 1 T.C. 952 (1943)). Petitioners have focused on the purpose referred to in the settlement agreement (“settling disputed claims involving the restoration of lost franchise value”) as the basis of their argument that the damages were for injury to goodwill. While the stated purpose of the settlement agreement is to be considered, courts “employ a broad approach in determining the true nature and basis of a party’s claim.” Getty v. Commissioner, supra at 1491. The parties in these cases have introduced several items of evidence to show the true nature of the claim involved. The notice of claim filed by the Raiders with Oakland states: “the plaintiff [Oakland] has denied to defendant Raiders the free and untrammeled possession and use of the property sought to be condemned, viz, Raiders’ franchise in the National Football League and has thereby itself preempted Raiders’ full possessory rights”. The notice of claim enumerated the ways in which Oakland had caused the Raiders to suffer damages, including lost revenue and increased expense.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011