George and Kathleen Knevelbaard, et al. - Page 27

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            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 the                            





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