- 40 - 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 aPage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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