- 14 - management [of GC&D] that I felt that I had a claim related to not only my current pregnancy, but also the fact that I had lost a child in October 1998 * * * and that I intended to pursue that claim when I left.” Petitioner further testified that “To release my pregnancy related claim, I said to the firm, you know, that I wanted a settlement amount equal to a year’s salary”. We found petitioner’s testimony to be vague, self-serving, uncorrob- orated, inconsistent with the terms of the separation agreement, and not credible.6 As made clear by the following provisions of the separation agreement, the settlement payments received thereunder were salary continuation severance payments.7 I. Valuable Consideration In exchange for NDIRIKA’S entering into this Agreement, GC&D agrees to provide NDIRIKA with the following consideration: 6At the call of this case from the calendar, petitioner informed the Court that she intended to call as a witness an individual who during 2000 had been the managing partner (part- ner) of GC&D and who would corroborate her claim that the pay- ments at issue were received on account of personal physical injuries or physical sickness. At the call of this case for trial, petitioner informed the Court that the partner whom she intended to call “has come down with a case of amnesia”. We infer from petitioner’s failure to call that partner that his testimony would not have been favorable to petitioner’s position. See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947). 7The separation agreement contains a release and waiver provision that appears to contain boilerplate language, and we do not attribute any significance to that provision.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011