- 6 -
in damages for loss of earnings. He alleged three causes of
action: Breach of contract, intentional tort for fraudulent
inducement to enter into a contract, and general negligence. The
court granted Xircom’s motion for judgment on the pleadings as to
the intentional tort and negligence claims. The court found no
breach of contract because the contract could be unilaterally
terminated. Petitioner amended his complaint to add a cause of
action for equitable estoppel. The court denied relief to
petitioner, finding that he had not shown that he suffered
damages directly related to his reliance on Xircom’s job offer.
D. Petitioners’ Family
Petitioners had no source of income other than petitioner’s
employment. They were devastated by Xircom’s withdrawal of its
job offer to petitioner and AT&T’s refusal to allow him to
rescind his resignation.
During that time, petitioners did not sleep well and they
became short tempered with each other and their children.
Petitioners separated in October or November 1995 and later
divorced.
E. Petitioners’ 1994 Return, Extension of Time To Assess, and
Notice of Deficiency
Petitioners filed a joint return for 1994 on September 3,
1996. On June 2, 1999, petitioner signed a Form 872, Consent to
Extend the Time to Assess Tax, extending the period to assess tax
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011