- 16 - whether Mr. D’Amico’s alleged injuries were personal in nature and, if so, whether the settlement amounts in dispute were received on account of those injuries. We turn first to the $10,000 payment which the Company made to Mr. D’Amico under the settlement agreement for the covenants of secrecy, the release, and the other covenants and obligations to which Mr. D’Amico agreed. On the present record, we find that petitioners have failed to show what portion of the $10,000 payment was made for the covenants of secrecy, what portion was paid for the release, and what portion was paid for the other covenants and obligations.5 Assuming arguendo that petitioners had established what portion of the $10,000 payment was attributable to the covenants of secrecy, any such portion was paid by the Company to Mr. D’Amico for his covenant, as set forth in section 5 of the settlement agreement, not to divulge any trade secrets and similar confidential matters that he learned as an employee of the Company. On the record before us, we find that petitioners have failed to establish that any such portion was paid on 5According to petitioners’ 1994 return, the Company reflected the $10,000 payment, as well as certain other payments totaling $73,518, that the Company made to and on behalf of Mr. D’Amico pursuant to the settlement agreement in one or more Forms 1099 relating to the settlement agreement that it issued to him.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011