Fred Henry - Page 15




                                       - 15 -                                         
               We have carefully considered each of the remaining issues              
          that we decided in Henry I.  We conclude that nothing in Fabry II           
          requires us to change our findings as to any of those other                 
          issues.                                                                     
               On careful reconsideration pursuant to the mandate of the              
          Court of Appeals,                                                           
                                                  Decision will be entered            
                                             for the same years in the same           
                                             amounts as previously entered            
                                             in this case.                            











               8(...continued)                                                        
               10 * * * (1992), it is only one factor.  Intent of the                 
               payor is also a factor to be considered.  See Metzger                  
               v. Commissioner, 88 T.C. 834, 347-48 * * * (1987),                     
               aff’d. without published opinion, 845 F.2d 1013 (3d                    
               Cir. 1988); Knuckles v. Commissioner, 349 F.2d 610                     
               (10th Cir. 1965).  * * *                                               
          Fabry v. Commissioner, 223 F.3d 1261, 1269 n.23 (11th Cir. 2000).           
               With respect to the intent of the payor in Henry I, it is              
          noteworthy that du Pont, the payor, issued two Forms 1099-MISC              
          relating to the $2,800,000 that it paid pursuant to the stipula-            
          tion of settlement, which reflected its view that that payment is           
          nonemployee compensation.  See Henry v. Commissioner, 77 T.C.M.             
          (CCH) at 2216, 1999 T.C.M. (RIA) at 1248.                                   





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  

Last modified: May 25, 2011