- 10 - on the origin and character of the claims adjudicated, and not upon the validity of those claims. See Bent v. Commissioner, 87 T.C. 236 (1986), affd. 835 F.2d 67 (3d Cir. 1987); Glynn v. Commissioner, 76 T.C. 116, 119 (1981), affd. without published opinion 676 F.2d 682 (1st Cir. 1982); Seay v. Commissioner, 58 T.C. 32, 37 (1972). In this case, most of the amounts petitioners received was for tortious interference with Mr. Anderson’s business relationships and only a nominal amount was received for slander. Both of Mr. Anderson’s claims of action existed under Georgia law. In Georgia, tortious interference with business relationships requires the plaintiff to show that the defendant: (1) Acted improperly and without privilege, (2) acted purposely and with malice with intent to injure, (3) induced a third party or parties not to enter into or continue a business relationship with the plaintiff, and (4) caused the plaintiff financial injury. See Renden, Inc. v. Liberty Real Estate, Ltd., 444 S.E.2d 814 (Ga. Ct. App. 1994). Respondent determined that the damages received by Mr. Anderson for interference with his business relationships were awarded on account of economic injuries, rather than personal injuries. Supporting respondent’s determination, under Georgia law a person’s business is property in the pursuit of which he is entitled to protection. See NAACP v. Overstreet, 142 S.E.2dPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011