Eugene Amos, Jr. - Page 13

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          not intend to pay the settlement amount at issue in order to                
          compensate petitioner for his physical injuries.                            
               On the instant record, we reject respondent’s position.                
          With respect to respondent’s contentions that petitioner has                
          failed to introduce evidence regarding, and that Mr. Rodman was             
          skeptical about, the extent of petitioner’s physical injuries as            
          a result of the incident, those contentions appear to ignore the            
          well-established principle under section 104(a)(2) that it is the           
          nature and character of the claim settled, and not its validity,            
          that determines whether the settlement payment is excludable from           
          gross income under section 104(a)(2).  See Bent v. Commissioner,            
          supra; Glynn v. Commissioner, supra; Seay v. Commissioner, supra.           
          In any event, we find below that the record establishes that Mr.            
          Rodman’s dominant reason in paying the settlement amount at issue           
          was petitioner’s claimed physical injuries as a result of the               
          incident.                                                                   
               With respect to respondent’s contention that Mr. Rodman did            
          not intend to pay the settlement amount at issue in order to                
          compensate petitioner for his physical injuries because the                 
          amount of liquidated damages (i.e., $200,000) payable by peti-              
          tioner to Mr. Rodman under the settlement agreement was equal to            
          the settlement amount (i.e., $200,000) paid to petitioner under             
          that agreement, we do not find the amount of liquidated damages             
          payable under the settlement agreement to be determinative of the           






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