- 16 - The same is true here. While the underlying litigation was certainly adversarial, the parties were no longer adversaries after they agreed on a settlement in principle. Petitioner wanted the settlement payment connected to a tort so that he could maximize his recovery by avoiding taxes on his recovery. Balfour, on the other hand, did not care whether the settlement proceeds were allocated to tortlike personal injury damages vis-a-vis other damages. Balfour's only concerns were that all of petitioner's claims be settled, that nothing be done to compromise its right to deduct the settlement, and that it be indemnified for any tax liability resulting from a mischaracterization of the settlement payment. Balfour, in effect, gave petitioner the green light to allocate the proceeds unilaterally in the manner that he desired, and petitioner did so, allocating the payment in a way that would maximize his recovery to the neglect of the fisc. Petitioner and Balfour did not prepare the settlement agreement by realistically evaluating the damages claimed in the lawsuit and allocating petitioner's recovery accordingly. Nor did the attorneys for the parties there ever discuss the merits of petitioner's constructive discharge claim. As a matter of fact, neither Balfour nor its attorney was even aware that petitioner had just recently made a new claim for $2 million in emotional distress.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011