Indeck Energy Services, Inc., and Subsidiaries - Page 34




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          were seeking to uphold the written terms of their settlement                
          agreement; Indeck seeks to disregard the written terms to which             
          it agreed, bringing the principles of Kreider v. Commissioner,              
          762 F.2d 580 (7th Cir. 1985), into play.                                    
               More fundamentally, with respect to Rozpad and Delaney, the            
          relationship between an appealable verdict and a closely                    
          proximate settlement thereof, as existed in those cases, does not           
          obtain in Indeck’s case.  In Rozpad and Delaney, settlements were           
          reached during the appeal period for verdicts obtained by the               
          taxpayers.  The settlement agreements did not allocate any                  
          portion of the settlement payments to interest, though the                  
          verdicts had included substantial interest components.  In each             
          case the court sustained the Commissioner’s determination that              
          the settlement payment contained interest in the same proportion            
          that the interest awarded in the verdict bore to the total amount           
          awarded in the verdict, notwithstanding the absence of any                  
          allocation to interest in the written settlement agreement.                 
               The straightforward causal relationship between the verdict            
          and settlement in Rozpad and Delaney is not present in the                  
          instant case between the arbitrator’s award and the Settlement              
          Agreement.  The Settlement Agreement was prompted by developments           
          in the Lake County Lawsuit, not the pending appeal of the                   
          arbitrator’s award in the Cook County Lawsuit.  The Settlement              
          Agreement was not a compromise of the arbitrator’s award for a              






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