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