Geraldine Ann Peck - Page 7

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          petitioner for physical injuries.  The complaint that SCOE filed            
          in State court alleges that petitioner is mentally unfit to                 
          teach, but it says nothing about her physical health.  The other            
          pleadings filed in connection with the State court case also omit           
          any mention of petitioner’s physical condition.   Petitioner                
          argues that she suffered work-related physical injuries while               
          employed with SCOE and that SCOE was aware of her injuries.  Even           
          if petitioner is correct, however, the question is whether the              
          $50,000 was paid on account of such injuries.  See sec.                     
          104(a)(2).  There is nothing in the record linking the settlement           
          proceeds to petitioner’s diabetes or other physical injuries.               
          Accordingly, respondent’s determination is sustained.  Based on             
          our resolution of this issue, we do not address whether the                 
          underlying cause of the State court action was based upon tort or           
          tort type rights.  See Allum v. Commissioner, supra.                        
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect the foregoing,                                              

                                             Decision will be entered                 
                                             for respondent.                          











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