Edward P. Knoll and Mary K. King-Knoll - Page 21

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          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 and               






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