Donna J. Collins - Page 5




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               Petitioner performed no services for Xircom in 1994.  Xircom           
          paid petitioner $59,163 in 1994 and $6,666.66 in 1995 under the             
          consulting agreement.  Xircom issued to petitioner Forms 1099-              
          MISC, Miscellaneous Income, showing that it had paid him                    
          nonemployee compensation in those amounts.                                  
               The consulting agreement was scheduled to expire on January            
          31, 1995.  On January 16, 1995, petitioner wrote to Xircom and              
          asked Xircom to extend the period for which he was to be                    
          compensated for another 9 months.  Xircom refused.                          
               Petitioner then offered to release Xircom from liability for           
          “any damages inflicted on me as a result of Xircom’s withdrawal             
          of job offer.”  On January 24, 1995, Xircom offered to extend the           
          original agreement for 2 months (until March 31, 1995) if                   
          petitioner agreed to sign a settlement agreement and mutual                 
          release of all claims.  Petitioner refused.  On January 25, 1995,           
          petitioner threatened to sue Xircom if it did not agree to pay              
          him a lump-sum payment of $51,115.12 (7 months of compensation              
          ($6,666.66) plus 7 months of COBRA coverage ($635.50)).                     
          Petitioner asked Xircom to characterize all of its payments to              
          him as a “personal injury settlement (for tax purposes)”.  Xircom           
          refused to do so.                                                           
          C.   Petitioner’s Lawsuit                                                   
               On March 15, 1995, petitioner sued Xircom in the Superior              
          Court of Orange County, California.  Petitioner sought $4 million           






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