- 5 - sickness. See Commissioner v. Schleier, 515 U.S. 323, 336-337 (1995). Where damages are received pursuant to a settlement agreement, the nature of the claim that was the actual basis for settlement governs the excludability of the damages under section 104(a)(2). See United States v. Burke, 504 U.S. 229, 237 (1992). “The critical question is, in lieu of what was the settlement amount paid?” Bagley v. Commissioner, 105 T.C. 396, 406 (1995), affd. 121 F.3d 393 (8th Cir. 1997). Assuming that petitioner may have had a potential tort type claim for emotional distress or other injuries resulting from his involuntary termination of employment, the crucial question is whether he received the $76,740 payment on account of personal injuries or sickness. Where, as here, the settlement agreement does not expressly state the purpose for which payment was made, the most important factor is the payor’s intent. See Knuckles v. Commissioner, 349 F.2d 610, 613 (10th Cir. 1965), affg. T.C. Memo. 1964-33. The evidence does not indicate that APC intended to compensate petitioner for personal injuries. To the contrary, the release, as well as correspondence between APC and petitioner, indicates that both APC and petitioner regarded the payment in question as severance pay. Neither the mode of calculating the payment, based on petitioner’s years of servicePage: Previous 1 2 3 4 5 6 7 Next
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