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against Millipore or Millipore, S.A. Petitioner’s U.S. counsel
countered by threatening legal action. Ultimately, the parties
were able to negotiate the basic terms of a settlement agreement
(the agreement). The agreement, in relevant part, provided:
3. Upon the parties’ execution of this Settlement
Agreement Millipore Corporation will pay in satisfaction
of the obligations undertaken hereunder by Millipore
Corporation and Millipore S.A. to Mr. Massot the sum of
seven hundred fifty-thousand dollars ($750,000), with the
sum of six hundred thousand dollars ($600,000) to be paid
within 24 hours of the signing of this Settlement
Agreement * * *. Millipore Corporation will also deposit
in an escrow account * * * within 24 hours of the signing
of this Settlement Agreement, the remaining sum of one
hundred and fifty thousand dollars ($150,000). * * * It
is expressly understood and agreed that the entire sum
set forth in this paragraph is damages for personal
injury allegedly suffered by Mr. Massot on account of
termination without cause by Millipore Corporation and
Millipore S.A., damaged reputation and emotional distress
caused by Millipore Corporation, which allegations
Millipore Corporation and Millipore S.A. deny.
4. Millipore Corporation and Millipore S.A. are
paying Mr. Massot $750,000 which Mr. Massot accepts as
consideration for this settlement agreement and as
damages for alleged personal injury (and not as
remuneration for services performed, for which he
precisely waives any claim), including the full release
of all claims. Mr. Massot further agrees that he will
not apply for or claim unemployment compensation benefits
provided by the French government based on his past
employment with Millipore S.A.
5. The parties shall treat all payments * * * as
payment in settlement of claims for personal injury and
shall not treat or report these payments in any way for
tax purposes or otherwise as compensation for services
rendered.
* * * * * * *
7. Mr. Massot agrees that from and after the date
of this Settlement Agreement through December 31, 1993,
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