- 15 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Last modified: May 25, 2011