Stephen William Dahlgreen - Page 15

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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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