- 9 - 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 wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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