William J. Broedel and Joan C. Broedel - Page 12




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          with different claims and does not allocate the proceeds to                 
          specific claims, and there is no evidence that a specific claim             
          was meant to be singled out, the entire amount is considered                
          taxable.  See Taggi v. United States, 35 F.3d 93, 96 (2d Cir.               
          1994); Reisman v. Commissioner, T.C. Memo. 2000-173, affd.                  
          without published opinion 248 F.3d 1151 (6th Cir. 2001); Sherman            
          v. Commissioner, T.C. Memo. 1999-202; Morabito v. Commissioner,             
          T.C. Memo. 1997-315; Sodoma v. Commissioner, T.C. Memo. 1996-275,           
          affd. without published opinion 139 F.3d 899 (5th Cir. 1998).               
          Where a settlement agreement lacks express language stating that            
          the payment was (or was not) made on account of personal injury,            
          the most important factor in determining the application of                 
          section 104(a)(2) is the intent of the payor in making the                  
          payment.  See Agar v. Commissioner, 290 F.2d 283, 284 (2d Cir.              
          1961), affg. per curiam T.C. Memo. 1960-21; Metzger v.                      
          Commissioner, 88 T.C. 834, 847-848 (1987), affd. without                    
          published opinion 845 F.2d 1013 (3d Cir. 1988).                             
               On the day of the hearing regarding the notices of                     
          discipline, Mr. Broedel, Mr. Lesniak, and Mr. Patterson met with            
          Mr. Hasselbach and Mr. Panebianco, SUNY’s authorizing official              
          for the settlement agreement, to discuss the possibility of a               
          settlement.  As a result of the meeting, Mr. Broedel agreed to              
          retire immediately in exchange for an amount equal to one and               
          one-half times his annual salary.  The parties then met with Mr.            






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