- 8 - also contained the recommendation that petitioner be given leave to amend the complaint and to distinguish between the individual’s claim and those derivative through the corporate entity. Thereafter an amended complaint was filed on behalf of petitioner outlining the personal items of fraud and coercion and the personal services nature of the contract. The amended complaint contained allegations that petitioner was personally involved in the transactions with the defendants, had a financial stake and obligations in connection with the auto dealership, and was harmed because of the flow-through nature of HGTG, an S corporation. The amended complaint did not contain allegations that petitioner suffered any mental stress or depression, and no demands were made for damages attributable to petitioner’s mental stress or depression. Late in 1993, the decision was made by petitioner and his attorneys to attempt settlement. A settlement agreement containing a confidentiality clause was entered into and approved by the bankruptcy court. The total settlement amount was $6 million, of which $557,257 was allocated to the bankruptcy trustee for the benefit of HGTG. In addition to the $557,257 amount for HGTG, $245,501.55 of claims against HGTG was discharged by SET and related companies. HGTG’s final Form 1120S, U.S. Income Tax Return for an S Corporation, for thePage: 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