Harry Neal Ball and Helen Patricia Ball - Page 4

                                        - 4 -                                         

          Ball never asserted a claim for personal injuries (or any other             
          claim) against Revlon.  See Glynn v. Commissioner, 76 T.C. 116,             
          121 (1981) (stating "Here, no claim for personal injury was ever            
          made."), affd. without published opinion 676 F.2d 682 (1st Cir.             
          1982).  Moreover, petitioners did not establish that the amounts            
          received were intended to compensate for a tort claim relating to           
          personal injuries sustained by Ms. Ball.  To the contrary, the              
          agreement encompassed any claim arising "under any federal, state           
          or local statute * * *, regulation or ordinance, under the common           
          law or in equity * * *, or under any policy, agreement,                     
          understanding, or promise, written or oral, formal or informal,             
          between" Revlon and Ms. Ball.  Thus, the agreement contained a              
          general release which encompassed a wide variety of potential               
          tort and contract claims.  Therefore, petitioners have failed to            
          establish that the payments were received on account of personal            
          injuries and were attributable to a claim based on tort or tort             
          type rights.  Accordingly, we hold that the $8,705.59 is not                
          excludable from petitioners' gross income.                                  
               All other arguments made by the parties are either                     
          irrelevant or without merit.                                                
               To reflect concessions,                                                

                                                  Decision will be entered            
                                             for respondent.                          






Page:  Previous  1  2  3  4  

Last modified: May 25, 2011