Robert Henderson - Page 8

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          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 not              






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