- 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