Michael Thomas Prasil and Lori Lynn Prasil - Page 14

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          and all claims”, including claims based on sex discrimination,              
          against Heartland in exchange for $7,650.  However, the                     
          settlement agreement did not specifically carve out any portion             
          of the settlement payment as a settlement on account of personal            
          physical injury or physical sickness, let alone make reference to           
          a physical injury or a physical sickness, if any, resulting from            
          any sex discrimination by Heartland.  Because the settlement                
          agreement did not allocate any part of the settlement payment on            
          account of a personal physical injury or physical sickness, and             
          there is no evidence in the record to support such an allocation,           
          we are not in a position to conclude that any part of the                   
          settlement payment was on account of physical injury or physical            
          sickness.  In sum, we are unable to find that any portion of the            
          $7,650 settlement payment was intended to compensate Mrs. Prasil            
          for a personal physical injury or physical sickness.                        
               In view of the foregoing, we hold that the $7,650 settlement           
          payment that Mrs. Prasil received in 1999 in settlement of a sex            
          discrimination claim against her former employer is includable in           
          petitioners’ gross income for 1999.  Accordingly, we sustain                
          respondent’s determination in this regard.                                  
               We have considered all of the other arguments made by                  
          petitioners and, to the extent that we have not specifically                
          addressed them, we conclude they are without merit.                         








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