- 23 - amount of attention. Moreover, petitioner could not point to the interference of the defendants as the source of his difficulty in finding a new job. Finally, petitioner testified that he had been seeing a psychotherapist for several years prior to his firing as a result of the deterioration of his marriage and problems with his children. Compare Noel v. Commissioner, T.C. Memo. 1997-113 ("The evidence before the Court is that * * * [payor's] actions caused petitioner to suffer emotional distress") with Knuckles v. Commissioner, T.C. Memo. 1964-33 ("The doctor did not make a determination that * * * [taxpayer's] emotional condition was attributable to an act * * * on the part of * * * [the payor]"). In light of the facts and circumstances, we conclude that petitioner suffered no injury to his health that could be attributed to the actions of the defendants, and we are not persuaded that such injury was the basis of any payment to him by Blount. See Knuckles v. Commissioner, 349 F.2d at 610. Rather, while the settlement agreement ostensibly sought to settle all of petitioner's claims, Blount's dominant reasons for payment were to avoid a large punitive damages award as well as to avoid losing on the contract claim arising out of the April 27 letter at trial. Settlement proceeds recovered under either of these claims are not excludable from income under section 104(a)(2). Accordingly, we sustain respondent's determination in the noticePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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