Arnold Reisman and Ellen Reisman - Page 12




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               Petitioners argue that because CWRU did not issue a Form W-            
          2, Wage and Tax Statement, or a Form 1099 for the amount of the             
          settlement proceeds, or withhold taxes on the settlement                    
          proceeds, the university must have intended the payment to be               
          nontaxable.5  We disagree.                                                  
               Mr. Makee testified that CWRU did not issue a Form W-2 or              
          1099 because Mr. Reisman’s counsel refused to discuss allocating            
          the settlement payment.  Under the circumstances, Mr. Makee felt            
          that it was inappropriate to issue a Form 1099.  Notwithstanding            
          the fact that Mr. Reisman’s attorneys would not discuss                     
          allocating the proceeds, CWRU settled when negotiations were ripe           
          for settlement because according to Mr. Makee, Mr. Reisman’s case           
          was particularly difficult, but one that Mr. Makee felt should be           
          resolved.                                                                   
               Overall, we believe that the settlement agreement was                  
          entered into to settle an employment dispute, not to settle tort            
          type claims.  The record supports our finding that approximately            
          $300,000 of the lump-sum payment by CWRU was in exchange for Mr.            
          Reisman’s resignation of his position and the relinquishment of             
          his tenure rights.  Regarding the remaining $50,000, petitioners            


               5Petitioners also argue that a letter written by one of                
          their attorneys who negotiated the settlement agreement on their            
          behalf, expressing his belief that the payment was nontaxable, is           
          evidence of CWRU’s intent.  We disagree.  The letter written by             
          one of petitioners’ attorneys stating that he believed the                  
          proceeds were nontaxable is not directly relevant as to what CWRU           
          intended.                                                                   





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