Edward P. Knoll and Mary K. King-Knoll - Page 20

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          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 between             






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