- 22 - nonphysical. See Commissioner v. Schleier, 515 U.S. at 329 n.4. Intangible harms include those affecting emotions, reputation, or character. See, e.g., Bland v. Commissioner, T.C. Memo. 2000-98. Because IIED is an emotional injury, petitioner’s claim is personal in nature. In addition to the nature of the injuries, entitlement to section 104(a)(2) benefits depends on the purpose of the payment. See Bagley v. Commissioner, 105 T.C. 396, 406 (1995), affd. 121 F.3d 393 (8th Cir. 1997). The critical question is: “in lieu of what was the settlement amount paid”? Id. Determining the purpose or intent of a payment is a factual inquiry that takes into account the terms of the agreement and the setting in which it was reached and carried out. See Stocks v. Commissioner, 98 T.C. at 11. “If the payor’s intent cannot be clearly discerned from the settlement agreement, his or her intent must be determined from all the facts and circumstances of the case in issue there.” Robinson v. Commissioner, 102 T.C. 116, 127 (1994), affd. in part, revd. in part and remanded 70 F.3d 34 (5th Cir. 1995). An employer-payor’s lack of knowledge about the claimed personal injury is indicative that the payment was not made on account of a personal injury. See, e.g., Keel v. Commissioner, T.C. Memo. 1997-278. After a careful review of the record, we hold that Winston did not intend to make the $116,000 settlement payment toPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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