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amount that Mr. Rodman paid petitioner on account of the nonphys-
ical injury provisions in the settlement agreement. Nonetheless,
based upon our review of the entire record before us, and bearing
in mind that petitioner has the burden of proving the amount of
the settlement amount at issue that Mr. Rodman paid him on
account of physical injuries, we find that Mr. Rodman paid
petitioner $120,000 of the settlement amount at issue on account
of petitioner’s claimed physical injuries and $80,000 of that
amount on account of the nonphysical injury provisions in the
settlement agreement. On that record, we further find that for
the year at issue petitioner is entitled under section 104(a)(2)
to exclude from his gross income $120,000 of the settlement
amount at issue and is required under section 61(a) to include in
his gross income $80,000 of that amount.
We have considered all of the contentions and arguments of
respondent and of petitioner that are not discussed herein, and
we find them to be without merit, irrelevant, and/or moot.
To reflect the foregoing and the concessions of the parties,
Decision will be entered
under Rule 155.
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Last modified: May 25, 2011