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conjure an amount to settle alleged tort-like personal injury
claims. Absent proof of a specific payment for tort-like
personal injuries or evidence that Ormet intended its $12 million
payment for Mr. Bradley’s personal injuries as part of a bona
fide dispute settlement, petitioners do not meet the criteria for
exclusion of the $12 million from income under section 104(a)(2).
Thus, in accordance with section 61, the $12 million payment must
be included in petitioners’ gross income for the 1995 taxable
year.
To reflect the foregoing and concessions made by the
parties,
Decision will be entered
under Rule 155.
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