- 14 - credit union's board of directors. Instead, respondent countered with the assertion that petitioners failed to carry their burden of proof as to the intent of the payor credit union. We reject this assertion. Respondent does not dispute that payments received on account of traditional causes of action for libel, slander, personal embarrassment, or defamation are excludable from gross income, whether the damage is to the taxpayer's personal or professional reputation. See Threlkeld v. Commissioner, 87 T.C. 1294 (1986), affd. 848 F.2d 81 (6th Cir. 1988). Other evidence shows that some of the payments were motivated by claims that were not "on account of personal injuries" within the scope of section 104(a)(2) and, consequently, are includable in petitioner's gross income. Accordingly, it is our best judgment, based on the record as a whole, that 60 percent of the payments are allocable to the potential claim for defamation and damage to professional reputation and 40 percent to the other potential claims. Therefore, we hold that 60 percent of the payments received by petitioner are excludable from his gross income under section 104(a)(2), and the remainder is includable in his gross income. Issue 2. Deductibility of Attorney's fees Having concluded that 60 percent of the payments to petitioner are excludable from gross income and 40 percent arePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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