Jacqueline Medina - Page 10

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          litigation.  Knuckles v. Commissioner, 349 F.2d 610, 613 (10th              
          Cir. 1965), affg. T.C. Memo. 1964-33; Robinson v. Commissioner,             
          supra at 127.                                                               
               We therefore look to the settlement agreement to examine the           
          nature of the claim.  The settlement agreement does not allocate            
          any part of the settlement payment to a personal physical injury            
          or physical sickness.  Indeed, there is no reference to a                   
          physical injury or physical sickness resulting from Liberty’s               
          actions, nor does the settlement agreement specifically carve out           
          any portion of the settlement payment as a settlement on account            
          of personal physical injury or physical sickness.                           
               Reviewing the settlement agreement to ascertain Liberty’s              
          intent in making the settlement payment also does not support               
          petitioner’s argument.  Under the settlement agreement,                     
          petitioner generally released Liberty from any “claims in any way           
          related to Plaintiff’s employment with and termination from                 
          Liberty Travel” in exchange for the total $70,000 Liberty agreed            
          to pay petitioner to settle the lawsuit.  The settlement                    
          agreement also states that Liberty and petitioner were entering             
          into the agreement as the result of a compromise and that the               
          agreement was being made solely to avoid the costs of litigation.           
          Liberty further expressly denied any wrongdoing against                     
          petitioner.                                                                 
               We conclude that no portion of the $58,000 amount was                  






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