Allen Burditt II and Sarah Maunee S. Burditt - Page 24




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          injuries of Mr. Burditt, he did not object because Halliburton              
          did not want any amount allocated to Mr. Burditt; rather,                   
          Halliburton's attorney was concerned that a failure to allocate             
          any amount to CRI might fail to bind CRI to the settlement.  Once           
          satisfied that CRI's agreement to dismiss its summary judgment              
          appeal would preclude any later reassertion of CRI's claims,                
          Halliburton's attorney agreed to an allocation of the entire                
          proceeds to Mr. Burditt because Halliburton was otherwise                   
          indifferent as to how the settlement proceeds were allocated.               
          Halliburton's attorney testified that the personal injury                   
          allocation was not an item of contention between the parties and            
          that he “didn’t care if they put it in there or not.”                       
               Further, as in Robinson, the allocation did not reflect the            
          realities underlying the settlement with Halliburton and                    
          petitioner’s insertion of it was entirely tax-motivated.  Similar           
          to the Lindsey settlement agreement, the Halliburton settlement             
          agreement partially allocates the award to petitioner for damage            
          to his reputation, notwithstanding the fact that it was never               
          claimed that Halliburton’s actions had resulted in this type of             
          damage.  In addition, the personal injury allocation in the                 
          Halliburton agreement was based on the language used in the                 
          Lindsey agreement, obtained from an accountant for the purpose of           
          securing tax-exempt treatment.                                              







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