- 17 - personal injuries" includes both nonphysical and physical injuries. United States v. Burke, 504 U.S. 229, 235 n.6 (1992); Threlkeld v. Commissioner, 848 F.2d 81, 84 (6th Cir. 1988), affg. 87 T.C. 1294, 1308 (1986). Section 104(a)(2) has been held to apply to several types of nonphysical personal injuries, such as emotional distress, United States v. Burke, supra; mental pain and suffering, Bent v. Commissioner, 835 F.2d 67 (3d Cir. 1987), affg. 87 T.C. 236 (1986); indignity, humiliation, inconvenience, pain and distress of mind, and prevention from attending usual pursuits, Threlkeld v. Commissioner, supra at 81-82; and injury to personal, professional, and credit reputation, Church v. Commissioner, 80 T.C. 1104 (1983). The evidence before the Court is that PepsiCo's actions caused petitioner to suffer emotional distress and resulted in damage to petitioner's business reputation.8 Petitioner discussed these damages with Mr. Dickie during the settlement negotiations. The payment made by PepsiCo was intended to settle both the contract claims and the tort claim. Thus, we conclude that part of the settlement payment was excludable, and part was not excludable under section 104(a)(2). If a settlement payment covers both contract claims and excludable tort claims, then we may allocate amounts to each claim. Stocks v. Commissioner, 98 T.C. 1, 14 (1992); Eisler v. 8When contracts are interfered with in a tortious manner, a litigant may recover damages for emotional distress. McLoughlin v. Golf Course Superintendents Association of Am., No. 85-4499-R (D. Kan., Apr. 8, 1991).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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