- 27 - expensive, if not administratively impossible, resulting in a smaller recovery to each plaintiff. The pro rata distribution was a practical, commonsense solution under the circumstances. Petitioners rely on Seay v. Commissioner, 58 T.C. 32 (1972). There the taxpayer received a settlement of $105,000 for breach of contract and personal injuries arising from embarrassing publicity. The settlement allocated different amounts to the various plaintiffs for salary but identical amounts for personal injury. A letter confirming the distribution of the settlement funds was signed by the principal negotiators from both sides. The letter stated that the settlement consisted of salary ($60,000 for Mr. Seay) and additional sums to compensate the parties for "personal embarrassment, mental and physical strain and injury to health and personal reputation in the community". Id. at 35. We held that the letter helped to establish that the nature of the claim was for personal injuries, the additional $45,000 should be excluded from gross income, and only $60,000 should be recognized as salary and ordinary income. Here, Roll, the banks' chief negotiator, testified that the money was paid "not for the value of milk, but for the value, if you will, of the emotional distress claims asserted by these individual producer plaintiffs." Respondent points to the lack of an adversarial relationship between the Bank Defendants and petitioners in structuring thePage: 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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