- 23 - mutual releases were required by paragraph 6c of the Settlement Term Sheet, as many settlements of this kind include similar provisions as standard practice. Mr. Bradley’s attorney, Mr. Conner, testified that the issue of a general release was not resolved until the subsequent Implementing Agreement was executed. In a memorandum dated June 30, 1995, to Mike Dougherty (Mr. Dougherty), a tax attorney, Scott Junkin (Mr. Junkin), counsel for petitioner, expressed petitioner’s desire to structure the Oralco/Ormet payout such that a portion would be nontaxable. In his memorandum, Mr. Junkin informed Mr. Dougherty: CEB wants to know if there is any way to structure the settlement so that a portion of the ORALCO payments are non-taxable. He mentioned allocating a portion of the settlement to the share repurchase and a portion to dropping his claims under the law suit. I expressed skepticism about whether any portion could be non- taxable, but I will defer to you on that. CEB may be thinking of some analogy to the non-taxability of settlement payments for pain and suffering in a negligence suit. On the same day petitioner signed the Settlement Term Sheet, through correspondence with his attorney, he sought to confirm his desire that a portion of the Ormet settlement would be treated as nontaxable for Federal income tax purposes. Petitioner expressed his expectations in a letter to Mr. Dougherty dated August 8, 1995, that $12 million would be received “for settlement of litigation on a personal injury basis”. By letter dated August 14, 1995, petitioner asked hisPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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