- 31 - Henry received, the $50,000 assistance payment from du Pont. In late January 1992, Mr. Henry requested, and in early February 1992, Mr. Henry received, the $150,000 assistance payment from du Pont. On the record before us, we find that petitioner has failed to show that he was under any restrictions as to how he used either the $50,000 assistance payment or the $150,000 assistance payment or that he did not have full control over how he used each of those payments. We further find on that record that petitioner has failed to establish that he was under an obligation (contingent or otherwise) to return either the $50,000 payment2 or the $150,000 payment to du Pont or that there were any indicia of a loan associated with either of those payments. The record does show that at the respective times du Pont made the $50,000 assistance payment and the $150,000 assistance payment to Mr. Henry it expected to pay him substantial, ad- ditional amounts with respect to his claimed damage due to his use of Benlate. Indeed, the record establishes that du Pont offered Mr. Henry a settlement of $509,742 by letter dated March 2Although du Pont's Benlate resolution manager, who was in charge of assistance payments, and certain other du Pont of- ficials considered that du Pont had a right to ask that an assistance payment be paid back to it, they never sought a formal opinion from du Pont's attorneys on the question. Moreover, we do not believe that, because du Pont's Benlate resolution manager and certain other du Pont officials considered that du Pont had a right to ask that an assistance payment be paid back to it, du Pont had the legal right to require that an assistance payment be returned to it.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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