Robert L. Allum - Page 15

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          agreement from which we cannot clearly discern why the payments             
          were made, the underlying complaint is normally examined as an              
          indicator of the payor’s intent).  Petitioner alleges in his                
          complaint that his civil rights were violated because his                   
          procedural and substantive due process rights were infringed.  In           
          essence, he claims his due process rights were violated through             
          judicial misconduct done in furtherance of Nevada’s “good ole               
          boy” network.  Although the complaint also includes general                 
          allegations that he suffered emotional and physical damage as a             
          result of the alleged violations and seeks compensatory and                 
          punitive damages, it contains no specific allegations of personal           
          physical injury or physical sickness.10                                     
               Neither the settlement agreement nor the complaint                     
          establishes that the bank made any portion of the settlement                
          payment to petitioner on account of a personal physical injury or           
          physical sickness.  The agreement and complaint only indicate               
          that the bank made the payment on account of civil rights                   
          violations and for a general release from all of petitioner’s               
          claims.                                                                     




               10The mere mention of “personal physical injury” in a                  
          complaint does not, by itself, serve to exclude the recovery from           
          gross income under sec. 104(a)(2) because the “personal physical            
          injury” language could easily be included in every complaint,               
          even if such claim were only a “throwaway” claim.  See                      
          Kightlinger v. Commissioner, T.C. Memo. 1998-357.                           




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