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with CMS. According to Mr. Griffin, the entire amount paid to
petitioner pursuant to the agreement constituted payment for
potential future commissions. Mr. Griffin did not explain why
CMS would agree to pay petitioner what appears to be so generous
an amount given petitioner's failure prior to that point in time
to earn any commissions.
Nevertheless, considering the entire record, although we
would be reluctant to exactly characterize the nature of the
$20,000 payment, we are satisfied that CMS did not intend the
payment to compensate petitioner for any personal injury arising
from any tort or tort type claim that petitioner had against CMS.
The provisions of section 104(a)(2), therefore, do not apply. It
follows, and we hold, that petitioner may not exclude the $20,000
payment from his 1990 income, and respondent's determination in
this regard is sustained.
Based on the foregoing,
Decision will be
entered for respondent.
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