Phillip Lee Allen and Carolyn F. Allen - Page 8

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            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 was                                      





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