- 18 - covenants and obligations to which Mr. D’Amico agreed,7 on the record before us, we find that petitioners have failed to estab- lish that any such portion was paid by the Company on account of a tort or tort type claim by Mr. D’Amico alleging personal injuries or sickness. We turn now to the $23,255 payment that, pursuant to the settlement agreement, the Company made to purchase the leased automobile, the ownership of which it transferred to Mr. D’Amico. On the instant record, we find that petitioners have failed to establish that the $23,255 payment was made by the Company on account of a tort or tort type claim by Mr. D’Amico alleging personal injuries or sickness. In fact, the record shows that the Company considered the $23,255 payment to be wage type compensation to Mr. D’Amico, which it reflected in the Form W-2 7Under sec. 9 of the settlement agreement, Mr. D’Amico agreed to keep strictly confidential and not to disclose any information concerning the settlement or the facts and circumstances that led to his termination of employment by the Company and the settlement agreement, except for disclosure of the settlement agreement to the Internal Revenue Service or any state taxing agency for the purpose of supporting and defending Mr. D’Amico’s tax position and/or in any administrative or judicial proceeding where it became relevant. Under sec. 17 of the settlement agreement, Mr. D’Amico agreed, as a further material inducement to the Company to enter into the settlement agreement, to indemnify and hold the Company and its affiliates harmless from and against any and all loss, cost, damages, or expenses that they incurred arising out of a breach of the settlement agreement or the fact that any representation made by Mr. D’Amico in the settlement agreement was false when made.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