- 12 - Petitioners argue that because CWRU did not issue a Form W- 2, Wage and Tax Statement, or a Form 1099 for the amount of the settlement proceeds, or withhold taxes on the settlement proceeds, the university must have intended the payment to be nontaxable.5 We disagree. Mr. Makee testified that CWRU did not issue a Form W-2 or 1099 because Mr. Reisman’s counsel refused to discuss allocating the settlement payment. Under the circumstances, Mr. Makee felt that it was inappropriate to issue a Form 1099. Notwithstanding the fact that Mr. Reisman’s attorneys would not discuss allocating the proceeds, CWRU settled when negotiations were ripe for settlement because according to Mr. Makee, Mr. Reisman’s case was particularly difficult, but one that Mr. Makee felt should be resolved. Overall, we believe that the settlement agreement was entered into to settle an employment dispute, not to settle tort type claims. The record supports our finding that approximately $300,000 of the lump-sum payment by CWRU was in exchange for Mr. Reisman’s resignation of his position and the relinquishment of his tenure rights. Regarding the remaining $50,000, petitioners 5Petitioners also argue that a letter written by one of their attorneys who negotiated the settlement agreement on their behalf, expressing his belief that the payment was nontaxable, is evidence of CWRU’s intent. We disagree. The letter written by one of petitioners’ attorneys stating that he believed the proceeds were nontaxable is not directly relevant as to what CWRU intended.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011