- 27 - the taxpayer otherwise fails to establish the specific portion of the settlement amount, if any, that was paid on account of those claims, the entire amount has been held to be taxable.18 See Pipitone v. United States, 180 F.3d 859, 865 (7th Cir. 1999); Taggi v. United States, 35 F.3d 93, 96 (2d Cir. 1994); Broedel v. Commissioner, supra; Laguaite v. Commissioner, T.C. Memo. 2000- 103; Phillips v. Commissioner, T.C. Memo. 1997-336; Sodoma v. Commissioner, T.C. Memo. 1996-275, affd. without published opinion 139 F.3d 899 (5th Cir. 1998).19 On the basis of the 18This follows from the rule that a general release of tort and nontort claims does not satisfy the requirements of sec. 104(a)(2) in the absence of some express allocation or other evidence of payor intent. See Ball v. Commissioner, 163 F.3d 308 (5th Cir. 1998), affg. T.C. Memo. 1997-549; Bland v. Commissioner, T.C. Memo. 2000-98; Sherman v. Commissioner, T.C. Memo. 1999-202; Brennan v. Commissioner, T.C. Memo. 1997-317. 19For example, in Sherman v. Commissioner, supra, we held: As in Taggi, the release in this case is all- encompassing and includes different potential tort and nontort claims. As stated, no part of the payment was allocated to any one cause of action. And, petitioner has not proven which portion, if any, of the $207,000 was received in settlement of tort or tort type claims of personal injury. * * * In Wise v. Commissioner, T.C. Memo. 1998-4, we held: Petitioners have not proven what portion, if any, of the $1,125,000 payment was received in settlement of tort or tortlike claims. * * * And failure to show the specific amount of the payment allocable to the claims of tort or tortlike damages for personal injuries results in the entire amount’s being presumed not to be excludable. See Taggi v. United States, 35 F.3d 93, 96 (2d Cir. 1994); Getty v. Commissioner, 91 (continued...)Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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