- 28 - facts of this case and in accordance with the previously cited cases, we hold that the factual issue upon which petitioners must present credible evidence for purposes of section 7491(a) is what portion, if any, of the $45,615 payment from DHS was received in settlement of Mr. Forste’s tort or tort type personal injury claims. III. Whether Petitioners Presented Credible Evidence Where there is an express allocation contained in a settlement agreement between the parties, it will generally be followed in determining the amount which is received in settlement of tort or tort type claims for personal injuries, provided the agreement is entered into by the parties in an adversarial context at arm’s length and in good faith. Bagley v. Commissioner, 105 T.C. at 406; Robinson v. Commissioner, 102 T.C. 116 (1994). Petitioners contend that the agreement between Mr. Forste and DHS contains an express allocation in paragraph 1. They rely 19(...continued) T.C. 160, 175-176 (1988), affd. on this issue and revd. on other issues 913 F.2d 1486 (9th Cir. 1990). Also, in Keel v. Commissioner, T.C. Memo. 1997-278, we held: Petitioners have the burden of proving the specific amounts of the payments allocable to claims of tort or tort-type damages for personal injuries. Failure to meet this burden results in the entire amount’s being presumed not to be excludable. * * * [Citations omitted.]Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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