- 11 - 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;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011