Damian Gerard and Leigh H. Gerard - Page 25

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          (holding that compensatory damages received for malicious                   
          prosecution, including compensation for injuries to professional            
          reputation, were excludable under section 104(a)(2)); Gross v.              
          Commissioner, T.C. Memo. 2000-342 (holding that lump-sum                    
          settlement payment covering claim for defamation was excludable             
          under section 104(a)(2)); Burditt v. Commissioner, supra (holding           
          that settlement proceeds paid to settle a claim for mental                  
          anguish were excludable under section 104(a)(2)); Noel v.                   
          Commissioner, T.C. Memo. 1997-113 (holding that settlement                  
          proceeds attributable to a claim for tortious interference with             
          contractual rights and prospective business advantages were                 
          excludable under section 104(a)(2)).                                        
               For the reasons described below, however, we are unpersuaded           
          that Katherine and Damian received the settlement payments                  
          exclusively on account of personal injuries or sickness.                    
                    2.  Katherine’s Claims for Economic Injuries                      
               On or about June 30, 1993, immediately after Maritz Inc.               
          terminated Katherine’s employment, Suelthaus met with Backerman             
          and asserted a claim for severance benefits on Katherine’s                  
          behalf.  About 2 weeks later, the Hobler family, through one of             
          their newly elected Maritz Inc. board members, introduced a                 
          resolution to reinstate Katherine in her former position and to             
          compensate her for lost wages and benefits, as well as “for any             
          emotional and/or physical damages she may have suffered” as a               






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