- 8 - may be attributable to damages received for personal physical injuries or physical sickness. In the present case, we find petitioner meets the first part of the Schleier test, having brought a tort type action against Morgan Stanley alleging harm to his credit reputation. We now turn to the question of whether the $5,000 settlement payment was received on account of a personal physical injury or physical sickness. Petitioner asserts that Morgan Stanley paid the $5,000 settlement payment to petitioner as a result of damage he suffered to his credit reputation. The record, however, is devoid of specific information indicating that Morgan Stanley issued the settlement payment on account of damage to petitioner’s credit reputation. We are not required to, and do not, accept petitioner’s self-serving testimony without corroborating evidence. Lerch v. Commissioner, 877 F.2d 624, 631-632 (7th Cir. 1989), affg. T.C. Memo. 1987-295; Geiger v. Commissioner, 440 F.2d 688, 689-690 (9th Cir. 1971), affg. per curiam T.C. Memo. 1969-159; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986). Further, the record does not support a conclusion that petitioner’s harm constitutes a physical injury or a physical sickness caused by the conduct of Morgan Stanley. On brief, petitioner alleged that he suffers from a “life- threatening, pre-existing physical illness” exacerbated by the harm to his personal reputation. Assertions on briefs are notPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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