- 15 - in an agreement will be respected to the extent the settlement agreement is entered into in an adversarial context, at arm’s length, and in good faith. See, e.g., Fono v. Commissioner, 79 T.C. 680, 694 (1982), affd. without published opinion 749 F.2d 37 (9th Cir. 1984); Srivastava v. Commissioner, T.C. Memo. 1998-362. “If the settlement agreement lacks express language stating that the payment was (or was not) made on account of personal injury, then the most important fact in determining how section 104(a)(2) is to be applied is ‘the intent of the payor’ as to the purpose in making the payment.” Metzger v. Commissioner, 88 T.C. 834, 847 (1987), affd. without published opinion 845 F.2d 1013 (3d Cir. 1988). Here, paragraph 3 of the agreement provides that the $750,000 petitioner is to receive from Millipore constitutes “damages for personal injury allegedly suffered by Mr. Massot on account of termination without cause by Millipore Corporation and Millipore, S.A., damaged reputation and emotional distress caused by Millipore Corporation”. We are satisfied that a portion of the settlement proceeds paid by Millipore to petitioner was to settle tort claims for personal injury. Relying on both Massachusetts and French law, the parties understood that petitioner had colorable and bona fide causes of action based on tort or tort type rights (such as defamation, invasion of privacy, libel, outrageous dismissal, intentional or negligent infliction of emotional distress, andPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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