Debra Susan Dickerson - Page 14




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          Commissioner, supra at 613.                                                 
               The evidence does not demonstrate that Liberty Life                    
          specifically intended to compensate petitioner on account of                
          personal injury or sickness.  For instance, the record is silent            
          as to whether the negotiations leading to the settlement                    
          agreement involved any discussion regarding personal injuries               
          that petitioner may have suffered.  Indeed, there is nothing in             
          the record to suggest that Liberty Life was aware of any personal           
          injury that petitioner may have suffered.  In this regard, and as           
          previously stated, the amended complaint makes no mention of                
          personal injuries or sickness, other than the tangential                    
          reference to “mental anguish” in the first cause of action.                 
               The settlement agreement is embodied in the form of a                  
          standardized release, of which “a primary motivation and                    
          consideration on the part of [Liberty Life] * * * in payment of             
          the settlement amount is to eliminate the punitive damage                   
          claims”.  A standardized release may be indicative that the                 
          payment was not made “on account of” personal injuries.  See                
          Laguaite v. Commissioner, supra; Gajda v. Commissioner, T.C.                
          Memo. 1997-345, affd. 158 F.3d 802 (5th Cir. 1998).  Moreover, as           
          previously stated, punitive damages ordinarily are not received             
          “on account of” personal injuries or sickness and are therefore             
          includable in gross income.  See O’Gilvie v. Commissioner, supra.           
              When a settlement resolves a number of claims and does not             







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