- 19 - On the other hand, Winston would be paying approximately the same amount that was originally offered to petitioner. These circumstances call into question whether petitioner’s IIED claim or Winston’s agreement to characterize the settlement as for personal injury was bona fide. The terms of the settlement agreement were negotiated over a 2�-year period. Throughout that period, the total dollar amount being offered by Winston remained at approximately $165,000. It is significant that the personal injury clauses were included in proposed drafts of a settlement agreement substantially after negotiations began and that the $165,000 offer was not materially increased after the insertion of the personal injury claim or clause. The payment offers in the March 23 and April 15, 1992, letters, and the first four drafts of the settlement agreement characterized the settlement as being entirely in exchange for petitioner’s severance from Winston. Up to that point, petitioner was unsuccessful in negotiating an increase in the amount of benefits for the severance. It was only after petitioner learned from George Leonard that settlement proceeds from personal injury claims could be excluded from taxable income that petitioner proposed recharacterizing a part of the settlement payment as being for personal injury. Most significantly, the settlement amount received by petitioner was not increased for personal injury claims over andPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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