- 5 - as damage to the Fabry’s business reputation”,3 id. at 1268-1269, and that the case presented a single question of law, i.e., whether the $500,000 of damages that du Pont paid to the Fabrys for injury to their business reputation was a payment received on account of personal injuries within the meaning of section 104(a)(2), see id. The Court of Appeals found our facts and circumstances approach to that question in Fabry I to be insuffi- cient. See id. at 1269. The Court of Appeals stated: “Its [the Tax Court’s] method of merely perusing the record, looking for the presence of the magic words, ‘personal injury,’ either in the complaint, the release, mediation correspondence or settlement documents is incorrect.” Id. In deciding Fabry II, the Court of Appeals examined intangi- ble injuries such as injury to business reputation in light of 3In this regard, the Court of Appeals noted: At trial, the IRS stipulated that: (1) du Pont was aware from the beginning that the Fabrys’ claim included a claim for damage to their business reputa- tion; (2) that throughout settlement discussions the Fabrys had steadfastly presented a $500,000 claim for damage to their business reputation; (3) that du Pont never disputed the Fabrys’ claim for business reputa- tion damage throughout the mediation; (4) that du Pont sought and obtained a release specifically with respect to the business reputation claim; and (5) that du Pont would not have settled the case without a release of the claim for damage to the Fabrys’ business reputa- tion. Fabry v. Commissioner, 223 F.3d 1261, 1268-1269 n.21 (11th Cir. 2000), revg. 111 T.C. 305 (1998).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011