Damian Gerard and Leigh H. Gerard - Page 24

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               C.   The Underlying Claims                                             
                    1.  Katherine’s and Damian’s Claims for Personal                  
                    Injuries                                                          
               On the basis of all the evidence, we believe that Bill                 
          Maritz’s actions caused Katherine and Damian to suffer personal             
          injuries.  In particular, Katherine’s termination from Maritz               
          Inc. caused her acute emotional distress and resulted in dramatic           
          changes in her personality.  The termination of Damian’s                    
          professional relationship with Maritz Inc. also caused him                  
          emotional distress and damaged his professional reputation.  Such           
          claims were asserted on Katherine’s and Damian’s behalf in the              
          settlement negotiations with Maritz Inc.  We believe that Maritz            
          Inc. took these claims seriously and intended the settlement                
          payments at least in part to discharge such claims.  Accordingly,           
          we find that the settlement payments were received at least in              
          part through settlement of tort-based claims on account of                  
          personal injuries or sickness.  To that extent, the settlement              
          payments are excludable from income pursuant to section 104(a)(2)           
          as amounts received based upon tort rights and on account of                
          personal injuries.  See, e.g., United States v. Burke, 504 U.S.             
          at 235-236 & n.6, 239 (recognizing that section 104(a)(2) covers            
          damages for injuries affecting “emotions, reputation, or                    
          character” and “traditional harms associated with personal                  
          injury” include “pain and suffering, emotional distress, [and]              
          harm to reputation”); Threlkeld v. Commissioner, 87 T.C. at 1308            





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