Charles Leonard Braden and Joice Stieber Braden - Page 15

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             she may have had against her insurance provider, for                     
             uninsured or under-insured motorist (UM/UIM) coverage”.                  
             Thus, respondent argues, petitioner’s “personal injury                   
             tort claims had long since expired by operation of law                   
             prior to 1999 when the Campbell class action case was                    
             filed.”  Respondent cites Greer v. United States, 207 F.3d               
             322, 327 (6th Cir. 2000), and Dickerson v. Commissioner,                 
             T.C. Memo. 2001-53, for the proposition that a taxpayer’s                
             tort claim cannot be taken into account under section                    
             104(a)(2) unless “the claim existed at the time of the                   
             settlement”.  Since petitioner had no extant tort claim                  
             when Campbell v. State Farm was filed, respondent argues,                
             no part of the settlement payment is excludable under                    
             section 104(a)(2).                                                       
                  Respondent’s argument does not answer the obvious                   
             question why the payor, State Farm, gave $30,199 to                      
             petitioner to settle contract and/or tort claims that were               
             time barred under the applicable statutes of limitations.                
             Respondent’s memorandum touches on this question when                    
             it states:  “the fact that * * * [petitioner] received                   
             partial payment from the insurer between the period                      
             July 24, 1982 and July 20, 1988 somehow entitled her to                  
             participate as  a class member in Campbell v. State Farm”.               
             (Emphasis supplied.)  This unanswered question goes to the               






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