- 6 - 413 (1940). Petitioners did not pay any cash to settle the threatened lawsuit. Thus, petitioners must prove how much they paid in 1994 in the equivalent of cash to settle the threatened lawsuit. See Rule 142(a). 2. Whether Petitioners Paid $37,739 in 1994 To Settle the Threatened Lawsuit Petitioners contend that the amount that petitioner paid to settle the threatened lawsuit can be derived from the values stated in the agreement and stipulated values for some of the provisions of the agreement.2 We disagree. PAYS benefitted from six provisions in the agreement. There is no stated or stipulated value for any of those provisions. Petitioner benefited from nine provisions in the agreement, five of which have a stated or stipulated value and four of which do not. Petitioners calculate the value of PAYS’ covenant not to sue (item 5 under consideration received by petitioner in the chart below) as follows: Consideration given by petitioner Amount 1. PAYS stock $92,039 Consideration received by petitioner 1. Forgiveness of debt to PAYS 12,500 2. Release of debts to Henry Steen, Jr., 37,000 and Gates Steen 2 Respondent contends that the settlement consists of two separate agreements. We disagree. PAYS and petitioner prepared and executed the settlement at the same time. They signed the settlement only at the end of page 5. We doubt that they would have agreed to either part without agreeing to both parts. We conclude that the settlement is one agreement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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