- 5 - 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 millionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011