Jared R. and Naylene M. Nield - Page 19




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          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.                        




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