- 17 - a written settlement agreement. See, e.g., Bagley v. Commissioner, supra; McKay v. Commissioner, 102 T.C. 465 (1994), vacated and remanded per curiam without published opinion 84 F.3d 433 (5th Cir. 1996); Robinson v. Commissioner, supra; Fono v. Commissioner, supra; McShane v. Commissioner, T.C. Memo. 1987- 151. Petitioners aver that the situation herein is almost identical to that in McKay v. Commissioner, supra, and is distinguishable from both Robinson v. Commissioner, supra, and Bagley v. Commissioner, supra, upon which respondent relies. Robinson v. Commissioner, supra, involved an action initiated by the taxpayers in State court against a Texas bank for failure to release its lien on the taxpayers' property. After the jury returned a verdict in the taxpayers' favor for approximately $60 million, including $6 million for lost profits, $1.5 million for mental anguish, and $50 million in punitive damages, the parties settled. In the final judgment reflecting the settlement, which was drafted by the parties and signed by the trial judge, 95 percent of the settlement proceeds were allocated to mental anguish and 5 percent were allocated to lost profits. We held that the allocation in the final judgment did not control the tax effects of the settlement proceeds to the recipients because it was "uncontested, nonadversarial, and entirely tax motivated" and did not accurately "reflect the realities of * * * [the parties'] settlement." Id. at 129.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011