- 23 - extent any settlement amounts were paid to CRI, we sustain respondent’s determination, which petitioners have not addressed, that petitioners received them as constructive dividends. 2. Halliburton Settlement In the notice of deficiency, respondent determined that petitioners must include in gross income the full amount of Halliburton's $200,000 settlement payment. Petitioners contend that the Halliburton settlement is excludable from their gross income as it was received by Mr. Burditt on account of personal injuries. a. Allocation in the Settlement Agreement The Halliburton settlement agreement expressly allocated the full $200,000 settlement solely to Mr. Burditt “for mental anguish, pain and suffering, damage to his reputation and loss of good will.” As with the allocation in the Lindsey settlement agreement, petitioners contend that the allocation in the settlement agreement is controlling for tax purposes, while respondent argues that the written allocation should be disregarded. We agree with respondent because Halliburton, and petitioner and CRI, were not adversarial with respect to the allocation in their settlement agreement. Cf. Robinson v. Commissioner, 102 T.C. 116 (1994). Although Halliburton's attorney initially rejected the language allocating the entire proceeds to personalPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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