- 22 - Respondent contends that petitioners have satisfied neither test. Respondent argues that "the Milk Producers' recovery arose out of garden-variety breach of contract and economic-injury torts stemming from the breach." Further, says respondent, the proximate cause of the damages petitioners recovered was economic injury from Knudsen's breach of its contractual duty to pay for delivered milk. Origin of the Claims: Tort or Tort Type Rights? Respondent contends that "The primary focus of the Milk Producers Complaint and the counts alleged therein was Knudsen's contractual relationship with petitioners and the breach of that relationship." We disagree. The tax consequences of a settlement depend on the nature of the litigation and on the origin of the claim but not on the validity of that claim. Woodward v. Commissioner, 397 U.S. 572 (1970); United States v. Gilmore, 372 U.S. 39 (1963). Thus the classification of a claim is extremely important. In United States v. Burke, 504 U.S. 229 (1992), the Court defined a tort as "'a civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages.'" Id. at 234 (quoting Keeton et al., Prosser and Keeton on the Law of Torts 2 (1984)). The primary characteristic of "an action based upon tort type rights" is the availability of compensatory remedies. Commissioner v. Schleier,Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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