- 23 - In the instant case, as in LeFleur v. Commissioner, supra, the evidence does not suggest that the parties had any adversarial interests in characterizing the settlement payments as being for “personal damages”. On the basis of all the evidence, it appears that the “personal damages” characterization occurred after the parties had reached agreement in principle on the settlement. Clearly, petitioners had tax motivations for characterizing the payments as being for personal injuries. The evidence strongly suggests that Maritz Inc. was unconcerned with how the payments were allocated, so long as all potential claims were discharged.9 In sum, we are unconvinced that the mere use of the term “personal damages” in various documents, as described above, establishes that Maritz Inc. intended the settlement payments to discharge exclusively claims for personal injuries or sickness. Consequently, we look to all the evidence to determine the nature of the underlying claims for which the payments were made and the intent of Maritz Inc. in making the payments. 9 Millard Backerman testified that he thought “the lion’s share” of the tax consistency letter was drafted by Katherine’s and Damian’s attorney, Kenneth Suelthaus. Petitioners seek to counter this testimony with testimony by David Fleisher, former chief financial officer of Maritz Inc., that the tax consistency letter was “drafted by our lawyers”. We find Backerman’s testimony more credible in this regard, particularly in light of the fact that Backerman was Maritz Inc.’s attorney in the settlement negotiations.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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