- 16 - both to purchase his stock and to settle his claims. Accord- ingly, we must allocate the $3,250,071 between the value of the stock in PMI and the value of settling petitioner's claims. It would serve no purpose to delve into detailed discussions concerning the weight of specific testimony or the credibility of certain evidence. We make this allocation based on the totality of the evidence before the Court, while allowing for a certain amount of overstatement, or understatement, in the assertions contained in the testimony before us. See Eisler v. Commis- sioner, 59 T.C. 634 (1973). Therefore, based on the evidence, we conclude that PepsiCo paid $2,363,688 for the PMI stock, or $6 per share. Consequently, we find that the remainder of the amount paid to petitioner by PepsiCo, an amount equal to $886,383, was paid to settle petitioner's claims in contract and in tort. To exclude under section 104(a)(2) the proceeds from the settlement of a claim, the claim (1) must be based on tortlike rights and (2) must be "on account of" personal injuries. Com- missioner v. Schleier, 515 U.S. __, 115 S. Ct. 2159 (1995). Petitioner's first two claims against PepsiCo constitute contract claims not covered by section 104(a)(2). Petitioner's third claim is an action in tort. See Maxwell v. Southwest Natl. Bank, 593 F. Supp. 250, 253 (D. Kan. 1984); Turner v. Halliburton Co., 722 P.2d 1106, 1115 (Kan. 1986). Further, we are satisfied that petitioner suffered personal injuries. The phrase "on account ofPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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