- 6 - Commissioner v. Schleier, 515 U.S. 323 (1995), and cases decided after Schleier, including O’Gilvie v. United States, 519 U.S. 79 (1996), and Greer v. United States, 207 F.3d 322 (6th Cir. 2000). See Fabry v. Commissioner, supra at 1269-1270. The Court of Appeals then examined what it considered to be the “unique facts” presented in Fabry. See id. at 1270-1271. On the basis of that examination, the Court of Appeals held that, in light of those unique facts, the Fabrys had established that the $500,000 which the Commissioner conceded was paid by du Pont as damages for injury to their business reputation was received on account of personal injuries, as required by Commissioner v. Schleier, supra at 337, and consequently is excludable from gross income under section 104(a)(2). See Fabry v. Commissioner, supra at 1271. Henry v. Commissioner While summarizing the procedural background of the case before it on appeal in Fabry v. Commissioner, supra, the Court of Appeals cited in a footnote our opinion in Henry v. Commissioner, T.C. Memo. 1999-205, and described our findings in that opinion as follows: 6. See also Henry v. Commissioner, 77 T.C.M. (CCH) 2209, 1999 WL 405225 (1999)(where, relying upon its opinion in this case, Fabry v. Commissioner, 111 T.C. 305, 1998 WL 872851 (1998), the tax court found that the $1,623,203 payment received in 1994 by the tax- payer, a Florida orchid grower, for loss of business reputation and loss of business reputation as an orchid grower, in settlement of his claim for negligence and strict liability in tort against du Pont, after appli- cation of its chemical fungicide on his orchids, wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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