Fred Henry - Page 12




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          2000), that all, or any portion, of the total settlement amount,            
          or the total settlement payment, was paid on account of the loss            
          of the plaintiffs’ business reputation or the loss of their                 
          reputation as orchid growers.  Furthermore, unlike the facts                
          presented in Fabry, the record in Henry v. Commissioner, supra,             
          did not establish (1) that throughout the trial in the lawsuit              
          and/or throughout settlement discussions after the jury verdict             
          in the lawsuit the plaintiffs had steadfastly presented claims              
          for a specified dollar amount as damages for injury to their                
          business reputation and injury to their reputation as orchid                
          growers, (2) that du Pont never disputed the plaintiffs’ claims             
          for damages for injury to their business reputation and injury to           
          their reputation as orchid growers throughout the lawsuit and/or            
          those settlement discussions, (3) that du Pont sought and ob-               
          tained a release specifically with respect to the plaintiffs’               
          reputation claims, and (4) that du Pont would not have settled              
          the lawsuit without a release of the plaintiffs’ claims for                 
          damages for injury to their business reputation and injury to               
          their reputation as orchid growers.  But see Fabry v. Commis-               
          sioner, 223 F.3d 1261, 1268-1269 n.21 (11th Cir. 2000); cf. supra           
          note 3.                                                                     
               Although we found on the record presented to us in Henry I             
          that petitioner had failed to establish that all, or any portion,           
          of the $2,800,000 total settlement amount, or the $1,623,203                






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