- 13 - testified that “the whole basis of the lawsuit” was that he “felt [he] was being discriminated because [he] was going to Gamblers Anonymous.” Finally, we note that Mr. Lockwood testified that the settlement payment was made to compensate petitioner for “lost time” and so that “Mr. Bothe [would] cease to be employed by [the Meadowlands] in any capacity”. Mr. Lockwood further testified that at no time during the settlement negotiations did petitioner allege that he had suffered any physical injury or physical sickness as a result of his employment by the Meadowlands, nor was it the Meadowlands’ intention to compensate petitioner for any physical injury or physical sickness. Mr. Lockwood’s testimony on these points is corroborated by a statement in the settlement agreement that provides that, for income tax purposes, the amount to be paid to petitioner is “in the nature of compensation”. Based upon the foregoing, we conclude that petitioner did not receive the settlement payment on account of any personal physical injury or physical sickness as those terms are used in section 104(a)(2). Accordingly, we need not address whether the underlying cause of action giving rise to the settlement was based upon tort or tort-type rights. See Commissioner v. Schleier, 515 U.S. at 337.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011