Carl J. Fabry and Patricia P. Fabry - Page 12

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          It recites that it pertains to the use of certain products during           
          the cultivation of “Hoya, Carnosa, Citrus Liners and Citrus Trees           
          During the Years 1988 - 1991".  It contains language releasing              
          du Pont and certain others from all claims relating to the use of           
          the products in question.  It contains certain exclusions                   
          relating to (1) crops cultivated after the date of the release              
          and (2) land on which the products were used.  The release                  
          contains no allocation of the consideration to be received by               
          petitioners to any cause of action or injury.  Previously, on               
          March 13, 1992, petitioners and du Pont had executed a document             
          entitled “Stipulation of the Parties” (the stipulation), which              
          recites the essential terms of the release but contains certain             
          other terms.  Among the terms of the stipulation is the                     
          following:  "Excepted from the release shall be:  a. Soil                   
          contamination, b. Personal injury, c. Customer claims."                     
               The release lacks specific language from which we can                  
          conclude that the $500,000 payment was received on account of               
          personal injuries.  Although the release purports to be a general           
          release and contains language releasing du Pont from certain                
          undisclosed or potential claims, that is not sufficient evidence            
          on its own that any of the amount paid in consideration of the              
          release is on account of personal injuries within the meaning of            
          section 104(a)(2).  See Scheele v. Commissioner, T.C. Memo. 1997-           
          426; Galligan v. Commissioner, T.C. Memo. 1993-605.  We may,                





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