- 21 - petitioner and Winston, however, included a release for defamation and loss of personal reputation, negligent infliction of emotional distress, and other personal injuries. Petitioner’s bases for section 104 treatment, over time, have been inconsistent. In a June 8, 1998, letter to the Commissioner’s examining agent, petitioner claimed that the cause of his defamation and diminishment of personal reputation claim was certain improprieties of Winston’s managing partner at the time petitioner left the firm. That position changed for purposes of trial. In addition, the record reflects that the improprieties of Winston’s managing partner were not disclosed until approximately 2 years after petitioner left Winston. During May 1994, Winston’s managing partner resigned. Petitioner proposed defamation and loss of personal reputation as part of the personal injury clause on August 6, 1993. This was approximately 9 months before the former managing partner’s improprieties were known to petitioner. Accordingly, his administrative position before the Internal Revenue Service (IRS) was an afterthought and lacked verity. Even if we were to hold that petitioner’s IIED tort claim was bona fide, it must also be shown that the settlement amount was paid “on account of personal injuries”. Personal injuries that may be excluded from gross income under section 104(a)(2), can include harms that are tangible, intangible, physical andPage: 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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