- 9 - approximately 13 months of heated and contested court proceedings and discussions related thereto. Under the terms of the settlement, the City agreed to deliver a $1,837,500 check to MIC in satisfaction of all claims that could be made with respect to the Property's condemnation. The City prepared a written settlement agreement that was signed by the City, on the one hand, and MIC, Beverly, and James, Eleanor, Peter, Richard, and Stuart Hafiz, on the other. The agreement, dated February 14, 1989, stated that the parties thereto agreed that the settlement resolved all claims, including the value of the real estate, going concern value, and covenants by MIC, Beverly, and the Hafiz family not to operate an adult business in the area. The agreement did not set forth a value for any specific claim. Petitioners and the Hafiz family were advised there was little value to the covenants. On February 14, 1989, the commissioners filed with the court an award of damages in the amount of $1,837,500. The commissioners set their award at the amount listed in the settlement agreement. On February 16, 1989, MIC transferred the Property to the City by quitclaim deed, and, on March 3, 1989, MIC received a check payable solely to it in the amount of $1,837,500. There was no deed or bill of sale given for goodwill or going concern value. On its 1989 Form 1120, U.S. Corporation Income Tax Return, which MIC filed with the Commissioner on January 3, 1992, MIC reported that it had received the $1,837,500Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011