Marsha M. Bland - Page 11




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            payor may indicate a lack of intent to settle such a claim.  See                           
            Gajda v. Commissioner, T.C. Memo. 1997-345, affd. 158 F.3d 802                             
            (5th Cir. 1998); Brennan v. Commissioner, T.C. Memo. 1997-317.                             
                  Here, intentional infliction of emotional distress, which                            
            petitioner contends she suffered while employed by PSC, is                                 
            recognized as a tort under Oklahoma law.  See Eddy v. Brown, 715                           
            P.2d 74, 76 (Okla. 1986) (adopting the description of intentional                          
            infliction of emotional distress set forth in Restatement, Torts                           
            2d, sec. 46 (1977)).  This Court has likewise acknowledged                                 
            infliction of emotional distress as a tortlike claim for purposes                          
            of section 104(a)(2).  See Massot v. Commissioner, supra; Gajda                            
            v. Commissioner, supra; Brennan v. Commissioner, supra.  We thus                           
            are willing to assume for purposes of this litigation that                                 
            petitioner possessed a bona fide tort claim against PSC for                                
            emotional distress experienced as a result of gender                                       
            discrimination.  Therefore, in so assuming that petitioner had a                           
            tort claim which could have provided the basis for a settlement,                           
            we turn to the question of whether the payment she received was                            
            actually made to settle such claim, to compensate petitioner for                           
            personal injuries suffered as a result of the alleged tort.                                
                  B.  On Account of Personal Injuries                                                  
                  As used in section 104(a)(2), personal injury encompasses                            
            harms both tangible and intangible, both physical and                                      
            nonphysical.  See Commissioner v. Schleier, 515 U.S. at 329 n.4;                           






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