- 14 - 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 thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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