Charles E. and Noel K. Bradley - Page 37

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          including libel or slander.  The Court finds, as a factual                  
          matter, that the Settlement Term Sheet speaks for itself and that           
          any dispute about the mutual releases was merely quibbling.                 
               A court may not be in a position to apportion damages among            
          various contract and tort claims where it appears that the                  
          settlement was all-encompassing.  Taggi v. United States, supra             
          at 96.32  It is petitioner’s duty in this case to prove the proper          
          allocation between taxable and nontaxable amounts.  Pipitone v.             
          United States, supra at 865.  “‘[F]ailure to show the specific              
          amount of the payment allocable to the claims of tort or tortlike           
          damages for personal injuries results in the entire amount’s                
          being presumed not to be excludible.’”  Id. at 864 (quoting Wise            
          v. Commissioner, T.C. Memo. 1998-4); see Pipitone v. United                 
          States, supra at 864; Taylor v. Commissioner, T.C. Memo. 1999-              
          323, affd. 246 F.3d 676 (9th Cir. 2000); Morabito v.                        
          Commissioner, T.C. Memo. 1997-315.                                          
               State law does not assist petitioner.  None of petitioner’s            
          State claims as presented in his State court pleadings pertained            
          to any tort or tort-type injuries.  Instead, the pleadings                  
          referenced petitioner’s contest for control of Ormet and other              
          related contractual claims.                                                 


               32 Because this case would normally be appealable to the               
          Court of Appeals for the Second Circuit, absent stipulation to              
          the contrary, Taggi v. United States, 35 F.3d 93, 95 (2d Cir.               
          1994), is controlling here under this Court’s Golsen rule.  See             
          Golsen v. Commissioner, 54 T.C. 742 (1970), affd. on another                
          ground 445 F.2d 985 (10th Cir. 1971).                                       



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