- 18 - Ms. Nield reflecting the $29,000 settlement amount at issue. With respect to the settlement agreement on which Ms. Nield relies to support her position in this case, we have reviewed that agreement and find that it does not support Ms. Nield’s contention that she received the settlement amount at issue on account of personal physical injuries. The settlement agreement supports a contrary finding. Nowhere in the settlement agreement were there any references to the alleged elbowing incident and the alleged tackling incident that Ms. Nield contends caused her physical injuries for which Goer compensated her by paying her the settlement amount at issue.8 Moreover, as discussed above, the settlement agreement required Goer to issue Form 1099 to Ms. Nield showing the settlement amount at issue as “Other income” for 1998, thereby reflecting the intention of Goer as well as Ms. Nield, the parties to the settlement agreement, that Ms. Nield was to report the settlement amount at issue as income for that year. With respect to Ms. Nield’s deposition on which she relies, we have reviewed that deposition and find that it does not support Ms. Nield’s position that she received the settlement amount at issue on account of personal physical injuries. The 8There is not even any reference to “physical injuries”, and only one reference to “personal injuries”, in the settlement agreement. The reference to “personal injuries” is in a para- graph in the settlement agreement that appears to be boilerplate, and we do not attribute any particular weight to it.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011