- 5 - When damages are received pursuant to a settlement agreement, the nature of the claim that was the actual basis for settlement controls whether such amounts are excludable under section 104(a)(2). United States v. Burke, 504 U.S. 229, 233 (1992); Prasil v. Commissioner, supra. The determination of the nature of the claim is a factual inquiry and is generally made by reference to the settlement agreement. Robinson v. Commissioner, 102 T.C. 116, 126 (1994), affd. in part and revd. in part 70 F.3d 34 (5th Cir. 1995). If the settlement agreement lacks express language stating what the settlement amount was paid to settle, we look to the intent of the payor, based on all the facts and circumstances of the case, including the complaint that was filed and the details surrounding the litigation. Knuckles v. Commissioner, 349 F.2d 610, 613 (10th Cir. 1965), affg. T.C. Memo. 1964-33; Allum v. Commissioner, supra. Here, the settlement agreement provides that SCOE will pay petitioner $50,000 in exchange for her resignation and a release of claims. The settlement agreement does not mention petitioner’s diabetes or other ailments. Instead, it refers generally to “Disputes and disagreements” between the parties and contains boilerplate language that releases SCOE from “any and all claims” by petitioner. Looking beyond the settlement agreement, we likewise find no indication that SCOE intended the $50,000 to compensatePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011