- 18 - length, was entirely tax-motivated, and did not accurately reflect the claims at issue in the lawsuit. We agree with respondent. The record in this case makes clear that the parties to the Lindsey settlement were not adversarial with respect to allocations made in the settlement agreement. The record amply demonstrates that Lindsey was not concerned with how the settlement proceeds were allocated between the various claims asserted against it in the lawsuit. Lindsey's attorney testified that he did not care how the proceeds were allocated; his only concern was a release of all claims. Lindsey's attorney testified that there was no negotiation of the terms of the allocation, and there is no evidence in the record to suggest otherwise. Petitioner argues, in effect, that the allocation was the product of an adversarial process because Lindsey and petitioner and CRI were adversaries in a lawsuit which had not been settled prior to reaching agreement on the allocation. Petitioner distinguishes the instant case from the facts in Robinson v. Commissioner, supra, where the parties to the lawsuit had signed an agreement covering the amount of the settlement prior to agreeing on an allocation. We believe petitioner misconstrues the requirement that allocations in settlement agreements be adversarial. There isPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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