- 37 - 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).Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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