James J. and Linda J. Harford - Page 11

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          the Court to determine a specific tort or tort type claim or                
          claims that may have served as a basis for settlement, if any.  A           
          failure to show the specific amount of the payment allocable to             
          the claims of tort or tort type damages for personal injuries               
          results in the entire amount being presumed not to be excludable.           
          See Taggi v. United States, 35 F.3d 93, 96 (2d Cir. 1994); Getty            
          v. Commissioner, 91 T.C. 160, 175-176 (1988), affd. on this issue           
          and revd. on other issues 913 F.2d 1486 (9th Cir. 1990).                    
               The $24,060.44 settlement payment petitioner husband                   
          received from IBM in 1994 does not satisfy the requirements for             
          exclusion of the payment under section 104(a)(2).  Consequently,            
          on this record, the Court holds that such payment is includable             
          in petitioners' gross income for that year.                                 


                                                 Decision will be entered            
                                             for respondent.                          


















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