Fred Henry - Page 40




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               damages were received "on account of personal injuries                  
               or sickness."  * * *                                                    
               Respondent concedes that Mr. Henry satisfies the first                  
          requirement set forth in Schleier.  However, respondent contends             
          that Mr. Henry has failed to establish that he satisfies the                 
          second requirement set forth in Schleier because he has failed to            
          show that the $1,623,203 settlement payment that he received from            
          du Pont during 1994 was received "on account of personal injuries            
          or sickness" within the meaning of section 104(a)(2).                        
               The second requirement set forth by the Supreme Court in                
          Commissioner v. Schleier, supra (as does the first requirement)              
          involves dual inquiries.  In this case, those inquiries are                  
          whether the claims of loss of business reputation and loss of                
          reputation as orchid growers, which Mr. Henry and Ms. Estes d/b/a            
          Fred Henry's Paradise of Orchids alleged in the complaint in the             
          lawsuit resulted from the negligence of du Pont and its defective            
          product Benlate, constitute personal injuries within the meaning             
          of section 104(a)(2) and, if so, whether the total settlement                
          amount of $2,800,000, and consequently the $1,623,203 settlement             
          payment that petitioner received during 1994, are damages re-                
          ceived on account of those injuries.                                         
               We address first Mr. Henry's contention that the $2,800,000             
          total settlement amount, and consequently the $1,623,203 set-                
          tlement payment, which the parties stipulated was paid as a                  






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