- 8 - windfall * * * rather than compensation.”). Because the amount paid was in settlement of multiple claims, we must first determine the character or nature of the settlement. When an amount is paid in settlement of litigation, we must ascertain the specific claims, if any, for which the settlement was paid. Bagley v. Commissioner, 105 T.C. 396, 406 (1995), affd. 121 F.3d 393 (8th Cir. 1997). Where the settlement language does not delineate which claims are being settled, the most important factor in determining the nature of a settlement payment is the payor’s intent in making the payment. Knuckles v. Commissioner, 349 F.2d 610, 613 (10th Cir. 1965), affg. T.C. Memo. 1964-33. If a payor’s intent cannot be discerned from the settlement agreement, all the facts and circumstances surrounding the case should be considered. Robinson v. Commissioner, 102 T.C. 116, 127 (1994), affd. in part, revd. in part and remanded 70 F.3d 34 (5th Cir. 1995). Specific factors to consider include the details of the underlying proceeding and the allegations, responses, and arguments contained in the pleadings of that proceeding. Id. Petitioners testified that the primary discussion at conference was about the cost to repair the property, not about the possibility of punitive damages. Petitioners’ counsel in the Allstate insurance controversy testified that the only reference to punitive damages made in settlement negotiations wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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