Geraldine Ann Peck - Page 6

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               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 compensate                     






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