- 15 - identical language from the Clayton Act on which the RICO statute was patterned. The Court concluded that Congress intended the phrase "business or property" to exclude personal injuries. Id. at 339, 99 S.Ct. at 2331. A. The Settlement Agreement In the case before us, petitioner received a portion of the recovery in a class action pursuant to a settlement agreement. When damages are received pursuant to a settlement agreement, the nature of the claim that was the actual basis for settlement controls whether such damages are excludable under section 104(a)(2). United States v. Burke, supra; Thompson v. Commissioner, 866 F.2d 709, 711 (4th Cir. 1989), affg. 89 T.C. 632 (1987); Robinson v. Commissioner, supra. Determination of the nature of the claim is factual. Bagley v. Commissioner, supra; Stocks v. Commissioner, 98 T.C. 1, 11 (1992). "[T]he critical question is, in lieu of what was the settlement amount paid." Bagley v. Commissioner, supra at 406. Therefore, the intent of the payor is the most important factor. Knuckles v. Commissioner, 349 F.2d 610, 612 (10th Cir. 1965), affg. T.C. Memo. 1964-33; Robinson v. Commissioner, supra; Stocks v. Commissioner, supra at 10. We first consider the settlement agreement in deciding the intent of the payor in paying the settlement proceeds. See Robinson v. Commissioner, supra. The joint stipulation of settlement involved herein did not specifically allocate thePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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