- 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, 237 (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 Onyx will pay petitioner $41,651.81 in exchange for petitioner’s release and discharge of all claims against Onyx. The settlement agreement does not mention any physical injury or sickness. It refers generally to “all issues and claims” surrounding petitioner’s employment at Onyx, and releases Onyx from “all claims, rights, demands, actions, obligations, and causes of action of any and every kind, known or unknown” by petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007