- 7 - a second payment of $100,000 on May 15, 1994 (lump-sum payments). Petitioner excluded the lump-sum payments from gross income as damages received on account of personal injuries. The Liquidation Payment Under paragraph 5(a) of the settlement agreement, Okabena agreed to pay petitioner $516,907 for his interests in several Okabena investment entities (liquidation payment). Okabena made the required payment in 1993. Petitioner excluded the liquidation payment from gross income as damages received on account of personal injuries. The Tax Clause The settlement agreement also contained the following provision with respect to the tax treatment of the payments made to petitioner pursuant to the settlement agreement: 7. Payment of Taxes. The parties expressly acknowledge that the payments to be made to Gross under subparagraph 3(b) of this Agreement [the lump-sum payments] are intended solely as compensation for claimed damages on account of alleged personal injuries arising from an occurrence within the meaning of Section 104(a)(2) of the Internal Revenue Code, the administrative regulations promulgated thereunder, and applicable case law. No part of the payments to be made to Gross under subparagraphs 3(b) or 5(a) [the liquidation payment] is allocable to punitive damages, compensation for other claimed damages, or interest thereon. The Company makes no representation or warranty to Gross or his attorneys regarding the tax treatment or consequences of any payment made to Gross under this Agreement by the Internal Revenue Service or any other tax authority. Gross will be solely responsible for the payment of any and all taxes of whatever kind that may be due or payable from him in connection with any payment made to him under thisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011