Joseph Tamberella - Page 6

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          agreement expressly provided that the $89,840 would be reported             
          to the Internal Revenue Service on a Form 1099 and that some or             
          all of that amount may be taxable.  In the settlement agreement,            
          the parties characterized the $89,840 payment as “a litigation              
          settlement of [petitioner’s] claims against [ATC].”                         
               Where a settlement agreement is silent with respect to                 
          precisely what the settlement amount is paid to settle, the                 
          intent of the payor is examined.  Knuckles v. Commissioner, 349             
          F.2d 610, 613 (10th Cir. 1965), affg. T.C. Memo 1964-33 (citing             
          Agar v. Commissioner, 290 F.2d 283 (2d Cir. 1961), affg. per                
          curiam T.C. Memo. 1960-21).  This examination is made based on              
          all the surrounding facts and circumstances.  Robinson v.                   
          Commissioner, 102 T.C. 116, 127 (1994), affd. in part and revd.             
          in part on another ground 70 F.3d 34 (5th Cir. 1995).                       
               There is no question that petitioner provided ATC’s attorney           
          with his 1996 medical records concerning his hospitalization for            
          mental illness and high blood pressure.  But there is nothing in            
          the record that establishes that ATC intended that any portion of           
          the $89,840 settlement amount paid to petitioner was on account             
          of personal physical injury or physical sickness.  Rather, the              
          record reveals that this amount reflects petitioner and ATC’s               
          settlement discussions about the amount to be paid to petitioner            
          to waive reinstatement of employment.  A letter, written by ATC’s           
          attorney to petitioner, states in pertinent part:                           






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