- 9 - In turn, Admiral agreed not to pursue the investors' claims against specific individuals enumerated in the document, but reserved the right to "pursue any of the assigned claims against any other person, or any of its own claims against any person." The investors, however, retained the right to pursue other specific, enumerated individuals at their own individual expense and, through counsel of their own choosing. Next, Admiral agreed to "indemnify, defend and hold harmless the Investors" against claims by third parties relating to the investor notes. Finally, on December 29, 1989, the Settlement Agreement was approved by the bankruptcy court.7 In April 1993, respondent mailed the FPAA's, to petitioners, which proposed adjustments on the premise that "the discharge of liability on the partners' capital contribution notes in 1989 resulted in a partnership distribution pursuant to * * * section 752(b)." Petitioners filed a petition with this Court contesting respondent's proposed adjustments. Thereafter, we granted petitioners' motion to consolidate all of the cases, pursuant to Rule 141. Petitioners filed a motion for summary judgment, on the ground that the adjustments in the FPAA's were not 7The record indicates, however, that the Settlement Agreement did not encompass all of the investors involved in the partnerships.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011