Salvatore J. D'Amico and Shirley E. D'Amico - Page 16




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          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.            





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