- 8 - 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 MorabitoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011