Sam Ervin and Ella M. Ervin, et al. - Page 11




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          because there is no evidence that United intended to compensate             
          petitioners for personal injuries or sickness.                              
          E.   Petitioners’ Injuries                                                  
               Petitioners testified that they suffered sleep loss, damaged           
          credit, and anxiety from United’s failure to pay their insurance            
          claims.  However, this does not establish that United intended to           
          pay damages on account of petitioners’ personal injuries or                 
          sickness.                                                                   
               Petitioners contend that Hudson’s loss of credit is a                  
          personal injury for purposes of section 104(a)(2) similar to the            
          injury to the taxpayer’s business reputation in Threlkeld v.                
          Commissioner, 87 T.C. 1294 (1986), affd. 848 F.2d 81 (6th Cir.              
          1988).  We disagree.  Regardless of the treatment of injury to              
          business reputation by courts in other cases, there is no                   
          evidence that Hudson made that a part of his claim against United           
          or that United intended any part of the settlement to compensate            
          him for damages to his business reputation.                                 
          F.   Conclusion                                                             
               We conclude that the United payments to petitioners in 1994            
          were not on account of personal injuries or sickness.  Thus,                















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