Sudhir P. Srivastava and Elizabeth S. Pascual - Page 25

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               As there is no general Federal common law of torts, nor                
          controlling definitions in the tax code, we must look to State              
          law to analyze the nature of the claim litigated.  Burnet v.                
          Harmel, 287 U.S. 103, 110 (1932) (State law creates legal                   
          interests; Federal law determines when and how to tax).                     
               Petitioner's personal injury suit was for libel, a                     
          defamation action.  All defamatory statements (whether libel or             
          slander) attack a person's good name.14  See MacFadden                      
          Publications, Inc. v. Wilson, 121 S.W.2d 430 (Tex. Civ. App.                
          1938).  Whether the defamatory attack is on the personal                    
          reputation or the professional reputation of the individual, the            
          defamation is personal in nature.  Gulf At. Life Ins. Co. v.                
          Hurlbut, 696 S.W.2d 83, 96-97 (Tex. App. 1985) (the action of               
          defamation is to protect the personal reputation of the injured             
          party, whereas the action for injurious falsehood or business               
          disparagement is to protect the economic interests of the injured           
          party against pecuniary loss), revd. and remanded on other                  


               14  Texas law provides the following:                                  
                         A libel is a defamation expressed in written                 
                    or other graphic form that tends to blacken the                   
                    memory of the dead or that tends to injure a                      
                    living person's reputation and thereby expose the                 
                    person to public hatred, contempt or ridicule, or                 
                    financial injury or to impeach any person's                       
                    honesty, integrity, virtue, or reputation or to                   
                    publish the natural defects of anyone and thereby                 
                    expose the person to public hatred, ridicule, or                  
                    financial injury.  [Tex. Civ. Prac. & Rem. Code                   
                    Ann. sec. 73.001 (West 1997).]                                    




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