- 12 - 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 $1,623,203Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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