Carrie Dawn Murray, n.k.a. Carrie Dawn Weaver - Page 10

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          medical care attributable to such emotional distress.  Sec.                 
          104(a).                                                                     
               Where damages are received pursuant to a settlement                    
          agreement, the nature of the claim that was the actual basis for            
          the agreement controls whether such damages are excludable under            
          section 104(a)(2).  Stocks v. Commissioner, 98 T.C. 1, 10 (1992);           
          Metzger v. Commissioner, 88 T.C. 834, 847 (1987), affd. without             
          published opinion 845 F.2d 1013 (3d Cir. 1988).  Where the                  
          settlement agreement lacks express language stating what the                
          settlement amount was paid to settle, then the most important               
          factor in making that determination is the intent of the payor in           
          making the payment.  Stocks v. Commissioner, supra; Metzger v.              
          Commissioner, supra.                                                        
               Petitioner argues that the settlement proceeds represent               
          compensation for a physical injury and therefore are excludable             
          from income under section 104(a)(2).  Alternatively, if the Court           
          should find that the proceeds are not excludable under section              
          104(a)(2), petitioner argues that the portion of the proceeds               
          paid directly to her attorney should not be included in                     
          petitioner’s income.                                                        
               With respect to petitioner’s first argument, we find that              
          the settlement proceeds do not represent compensation for a                 
          physical injury.  Petitioner argues that the eventual settlement            
          was made for claims which were not made originally in the                   






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