David R. Green and Carolyn B. Green - Page 5

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          petitioner and FBC under the breach of contract claims.  One of             
          the awards of commissions plus interest was made only to                    
          petitioner.  The Judgment, entered on June 2, 1986, in the total            
          amount of $1,521,628.04 was based on breach of contract claims.             
               WNIC's insurance carrier appealed the Judgment to the Tenth            
          Circuit Court of Appeals (the Court of Appeals).  Petitioner did            
          not appeal the Judgment.  Prior to the filing of briefs in the              
          Court of Appeals, the parties entered into a settlement agreement           
          (the Settlement Agreement), effective September 23, 1987.  In               
          accord with the Settlement Agreement, petitioner/FBC and WNIC               
          released all claims that the parties to the District Court Case             
          asserted against each other, including all contractual and "extra           
          contractual claims".  The Settlement Agreement provided, inter              
          alia:  (1) WNIC would make a lump sum payment in the amount of              
          $581,500 to FBC, and (2) WNIC would make guaranteed monthly                 
          payments to petitioner in the amount of $3,000 for a period of              
          240 months ($36,000 per year for 20 years) commencing October 1,            
          1987.  The Settlement Agreement specified that $1,510 of each of            
          the monthly payments would be paid towards satisfaction of the              
          Jury Award.  The balance of $1,490 of the $3,000 was not                    
          specifically allocated.                                                     
               Petitioners filed joint Federal income tax returns for 1991,           
          1992, 1993, 1994, and 1995 (the Returns).  On the Returns,                  
          petitioners reported annuity income of $36,000 per year.  Of this           





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