Arnold Reisman and Ellen Reisman - Page 8




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          The settlement agreement clearly provides that the parties                  
          intended the agreement to settle any and all claims, including              
          claims that were raised or could be raised in the Federal case,             
          which was on appeal, and the State case.  Joel Makee (Mr. Makee),           
          chief legal counsel at CWRU and a partner at Kelley, McCann &               
          Livingstone, testified that a portion of the payment was paid to            
          settle the Federal case on appeal because appeals are expensive.            
          The settlement agreement also provides that part of the payment             
          was paid to resolve a breach of contract claim.                             
               Respondent argues that since the settlement agreement did              
          not allocate the lump-sum payment among Mr. Reisman’s various               
          claims, the entire amount is includable in petitioners’ gross               
          income.  When a settlement agreement includes both contract and             
          tort claims, and the claims are not specifically apportioned, the           
          courts may not be in a position to apportion the settlement                 
          payment among the various possible claims.  See Taggi v. United             
          States, 35 F.3d 93, 96 (2d Cir. 1994).                                      
               As we stated previously, the settlement agreement referred             
          to both contract and tort type claims.  The settlement agreement            
          did not allocate the settlement proceeds among the various                  
          claims.  Generally, when a settlement deals with a number of                
          claims and does not allocate the proceeds to specific claims, and           
          there is no evidence that a specific claim was meant to be                  
          singled out, we consider the entire amount taxable.  See Morabito           






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