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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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