- 10 - nontaxable. To satisfy the concerns of Balfour's attorney that such an allocation could expose Balfour to liability, petitioner's attorney agreed to insert language in the agreement stating that petitioner would indemnify Balfour for any Federal income tax liability asserted against Balfour for unpaid Federal, State, or local taxes owed on the settlement payment to petitioner. On November 30, 1993, petitioner and Balfour signed a settlement agreement. Paragraph 1 stated that petitioner would receive $425,000 and that his attorneys would receive $125,000. The agreement stated that the $425,000 payment settled claims for compensatory damages arising out of alleged wrongful discharge, * * * [and] * * * * * * * Neither this Agreement nor any action on the part of Balfour or Town & Country required by the Agreement, nor the allocation or description of the Settlement Amount as recited in paragraph 1 hereof, constitutes an admission by Balfour or Town & Country of any unlawful or tortious action. The latter language was placed in the agreement as a caveat to the statement in paragraph 1 that the settlement payment was made to compensate petitioner for his claim of wrongful discharge. The agreement also let petitioner represent Balfour's competitors and sell non-Balfour products or services to Balfour's customers in the New York City territory.Page: 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