Edward P. Knoll and Mary K. King-Knoll - Page 22

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          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 to                   






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