- 22 - In key respects the circumstances here are similar to those in LeFleur v. Commissioner, T.C. Memo. 1997-312. In LeFleur, the taxpayer received a lump-sum settlement payment that covered both tortlike personal damages and other damages. The settlement agreement allocated 80 percent of the proceeds to tortlike personal damages. Id. The evidence indicated that although the underlying litigation was adversarial, by the time the settlement agreement was reached, the parties were no longer adversaries. Id. Because the payor was unconcerned with the allocation of the settlement proceeds as between tortlike personal injuries and other injuries, the taxpayer “in effect was able to unilaterally allocate the proceeds” in an attempt to maximize tax advantages for themselves. Id. Consequently, this Court refused to “blindly accept the parties’ allocation of settlement proceeds where * * * the allocation is patently inconsistent with the realities of the underlying claims”. Id.; see also Bagley v. Commissioner, supra at 406-410; Robinson v. Commissioner, 102 T.C. at 128-134; Burditt v. Commissioner, T.C. Memo. 1999-117; Hess v. Commissioner, T.C. Memo. 1998-240 (“the characterization of the payment in a settlement agreement (or other executed document) * * * is not always dispositive, for example, when the record proves the characterization inconsistent with the realities of the settlement”).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011