- 20 - above the amount originally offered as severance pay. It had become clear to petitioner that Winston would not increase the amount of its original offer approximating $165,000. Petitioner’s motivation and purpose for proposing the personal injury clause was to increase the net amount of money he would realize from the settlement by attempting to reduce the tax burden on the amount being offered. Equally significant is the fact that petitioner did not make Ms. Haude or any of the Winston representatives aware of his medical records or the details of any personal injury. Nor did petitioner attempt to show that Winston was the cause of any injury. Petitioner and Winston eventually agreed to include the personal injury clause and to assign an amount to it without addressing the merits of any such claim. The following excerpt from Ms. Haude’s testimony supports the above conclusion: beginning in summer of 1993 Ed was talking about tort damages and could we deliver some of the money tax- free. And we had extended conversations about whether, why, and what kind of money could be deliverable tax- free. In reaching our conclusion, we also considered the fact that petitioner’s bases for a personal injury claim were not specifically or adequately supported in the record. Petitioner contends that the $116,000 lump-sum settlement payment was solely for the release of his IIED claim. The final agreement betweenPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011