Alex Morgan Foster - Page 5

                                        - 5 -                                         
          confidential letters to Anacker on March 21, 1991.  In one of               
          these letters, petitioner stated that:                                      

               We discussed that this settlement would be in payment                  
               of my tort claim thereby making the settlement non-                    
               taxable.  This is very important to me.  In my opinion                 
               such a settlement can be made and therefore I must                     
               insist on such terms.                                                  

          In the second letter, petitioner wrote:                                     

               I have also revised the lump sum settlement amount                     
               pursuant to our conversations to account for deductions                
               made from my last check.  Moreover, I have shortened                   
               the period that ABMI would pay for my medical/dental                   
               benefits.  In effect, the gross number is $21,000, less                
               than a hundred dollar rounding bias in my favor.                       
               Clearly too, a round number would be a great asset in                  
               beating an IRS audit should I be challenged.                           

               On April 18, 1989, petitioner and Anacker signed a final               
          settlement agreement (hereinafter the agreement).  In pertinent             
          part, the agreement provides that:                                          

               A.  CONDITIONS OF AGREEMENT                                            
                    1.  This AGREEMENT is based on the fact that                      
               FOSTER may otherwise institute or continue actions or                  
               participate in actions against ABMI arising from                       
               FOSTER'S employment or the severance thereof and/or                    
               conduct affecting in any way their relationships to                    
               date.  FOSTER and ABMI desire to completely resolve and                
               settle any and all such disputed claims FOSTER may have                
               against ABMI.                                                          
                    2.  The terms of this AGREEMENT set forth the full                
               obligations of the parties.  The parties have no                       
               further obligations aside from those expressed in this                 
               AGREEMENT.                                                             
                    3.  It is agreed and understood by the parties                    
               that neither the fact that settlement has occurred nor                 
               the fact that ABMI provides consideration for the                      
               release of claims can be construed as an admission of                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011