Allen Burditt II and Sarah Maunee S. Burditt - Page 18




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          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 is              





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