Robert L. Allum - Page 13

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          that was filed and the details surrounding the litigation.                  
          Knuckles v. Commissioner, 349 F.2d 610, 613 (10th Cir. 1965),               
          affg. T.C. Memo. 1964-33; Robinson v. Commissioner, supra at 127.           
               1.   The Parties’ Contentions                                          
               Respondent concedes that petitioner satisfies the first                
          requirement for exclusion under section 104(a)(2).  Respondent              
          contends, however, that petitioner does not satisfy the second              
          requirement for exclusion because the settlement proceeds were              
          not received on account of personal physical injury or physical             
          sickness, regardless of whether “petitioner’s reporting his                 
          suspicions to banking authorities, his termination or the alleged           
          violation of his procedural and substantive due process rights              
          gave rise to the recovery of the settlement proceeds”.                      
               Petitioner contends that although the “crux of the cases,              
          which were settled, was that the Nevada Supreme Court, through              
          its members, utilized it [sic] power * * * to violate Allum’s               
          constitutional rights to a fair and impartial tribunal and to               
          violate the Nevada and Federal Rules of Civil Procedure”, he                
          received the settlement funds because he had been labeled a RICO            
          scheme participant by the Nevada Supreme Court and had lost his             
          FHA underwriting license (license).  Petitioner further contends            
          that because he has a property interest in his license, the                 
          alleged loss of the license constitutes a personal physical                 
          injury for purposes of section 104(a)(2).                                   






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