Wally O. and Kate A. Oyelola - Page 14

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          apparently represented by counsel.5  Additionally, the agreement            
          was very specific as to the allocation of each portion of the               
          monetary award.  Out of a total of $187,824, only $30,000 was               
          designated for personal injuries, and that amount was explicitly            
          for emotional distress.  This then would not seem to be a                   
          situation where one party’s tax considerations were allowed to              
          take precedence over the actual nature and significance of the              
          various underlying claims.                                                  
               Petitioners nonetheless argue on brief as follows:                     
               The petitioners stated and provided evidence to the                    
               Court that payments [sic?] of $30,000.00 was as a                      
               result of physical damage to the lips, sustained as a                  
               result of years of racial and national origin                          
               harassment in the course of his employment at the                      
               Connecticut Mutual Life Insurance Company.  Medical                    
               papers were also presented from Rockville General                      
               Hospital and the Institute of Living Medical Group,                    
               P.C., substantiating the period, which pre-date the                    
               emotional distress treatment.                                          
               The petitioners asked the Court to disallow the                        
               $30,000.00 as taxable, given that emotional distress                   
               cited in the “General Release, Confidential Separation                 
               Agreement, Waiver and Covenant Not To Sue”, resulted                   
               from physical injury to the lips.  More so, the                        
               complaint of the physical injury, to the CHRO, pre-                    
               dates the payment of this $30,000.00, and pre date                     
               [sic] treatment of the distress.                                       
               In summary, we would like the court to see that, it was                
               the physical injury which was sustained at first, that                 
               causes severe head ache, delusion, coupled with                        
               sustained racial discrimination that led to my                         

               5 Petitioners state in their trial memorandum that the                 
          attorney who represented Mr. Oyelola in the civil rights action             
          has been disbarred from the practice of law in Connecticut and              
          cannot be located.                                                          





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